United States v. Wardell L. Smith, Jr.

Before BARNES and CARTER, Circuit Judges, and LINDBERG, District Judge.

This is an appeal from the judgment of conviction for knowingly and intentionally possessing with intent to distribute 341 grams of cocaine and 112 grams of heroin, in violation of 21 U.S. C. § 841(a)(1). The defendant, Wardell L. Smith, Jr.’s primary contention on appeal is that the trial court erred in denying his motion to suppress evidence obtained pursuant to a strip search. We conclude that the reliability of information supplied to special agents by an informer was confirmed prior to the search and that the motion to suppress was therefore properly denied. We affirm.

At approximately 4:00 p. m. on August 30, 1973, Customs Inspector John Jackson observed a tall Negro male in his early twenties, wearing a large, floppy-brimmed hat and see-through fishnet shirt, enter Mexico at the Nogales, Arizona port of entry. He was accompanied by a light-skinned Negro female, wearing a light-colored jacket. Inspector Jackson later identified the light-skinned female as Caroline Brown.

At approximately 8:00 p. m. that evening, Inspector Jackson observed the same tall Negro male re-enter the United States.…