United States v. Ernestine A. Luther

Mrs. Luther was convicted of smuggling merchandise in violation of 18 U.S.C. § 545 , and she appeals. We affirm.

Mrs. Luther was stopped at the primary inspection area at the port of entry in San Ysidro. She failed to make any declaration in response to the routine question by the customs officer. An inspection of her car then revealed 3,600 Wobe-mugos laetrile capsules of German origin in the trunk. Her car keys were taken from her and she was directed to wait in the secondary inspection area.

She was questioned there by Special Agent Nadel, who had been informed by telephone of the incident concerning Mrs. Luther. He knew that Mrs. Luther had failed to declare the medicine as required, and that the medicine was unau thorized for entry because of its foreign label. Upon viewing the Wobe-mugos capsules, however, he determined that they were of such little value that he would only make an administrative seizure. Holding the bag containing the capsules, he questioned Mrs. Luther over the public counter in the inspection area to verify her identification and her possession of the undeclared medicine. He then offered Mrs. Luther a receipt and told her she could leave. Mrs.…