United States v. Elbert Lamar Boston

Appellant was charged in a four-count indictment with illegal importation of heroin under 21 U.S.C. §§ 952 , 960, possession of heroin with intent to distribute under 21 U.S.C. § 841 (a)(1), and conspiracy both to import and to possess under 21 U.S.C. § 963 .

Appellant and a female companion, returning to the United States from Mexico, had been stopped at the border. Suspicions of the guards were aroused and appellant’s companion was subjected to a vaginal search which produced heroin. A motion to suppress was made, appellant contending that the search was made without a clear indication that it would produce contraband, and accordingly that the standards established in Henderson v. United States, 390 F.2d 805 (9th Cir. 1967), had not been met. The motion was denied. Appellant later volunteered a confession by letter addressed to the United States Attorney, in which he assumed full responsibility for the importation and asserted that his companion had been coerced by him into doing the actual importing. Following trial without jury appellant was acquitted on both conspiracy counts and found guilty on both substantive counts.

On appeal the major assignments of error are…