United States v. Abe Jones

Upon stipulated facts, appellant was found guilty by the court sitting without a jury of conspiracy to import and im portation of 19 grams of heroin, in violation of 21 U.S.C. §§ 952 , 960 and 963.

Appellant contends, first, that the heroin upon which his conviction was. based was found by means of an unlawful vaginal search of his female companion, and second, that the evidence was insufficient for the court to conclude beyond a reasonable doubt that defendant had knowledge of the presence of the heroin or control over the heroin secreted in the vagina of the passenger in his automobile.

We need not reach the merits of • the search, since it is settled law in this circuit that a person in appellant’s position lacks standing to object to the body search of his co-defendant. Appellant lacks actual standing because the search did not intrude upon his privacy. Furthermore, so called “ ‘automatic’ standing” is not conferred upon appellant where, as here with the conspiracy to import and importation charges, possession at the time of the search is not an essential element of the crime charged. United States v. Boston, 510 F.2d 35, 38 (9th Cir. 1974); United States v.…