United States v. Velga Lisa Elksnis

Before MERRILL, CHOY and KENNEDY, Circuit Judges.

Ms. Elksnis appeals from a criminal conviction in the district court on charges relating to possession and importation of illegal drugs. We affirm.

Background

On June 9, 1974, Elksnis entered the United States as a passenger in an automobile driven by Timothy Stambough. When asked what they were bringing in from Mexico, Stambough responded that they had a bottle of liquor. Observing that Stambough appeared nervous, the customs inspector directed them to the secondary inspection area. After entering the secondary office, Elksnis also appeared nervous to the inspector. A personal search was ordered, and a matron took her into a search room. Once in the room, but before the search began, the matron asked Elksnis if she had anything to turn over. It is apparently a common practice to ask such a question, and female suspects are said to often present contraband in response. Elksnis responded affirmatively and removed three packages containing cocaine and opium from her vagina.

Elksnis’s defense at trial was that she had been acting as a government agent and hence lacked the specific intent required by the statutes under…