United States v. Marco Antonio Toral

Appellant appeals his conviction of possession of a controlled substance (heroin) with intent to distribute in violation of 21 U.S.C. § 841 (a)(1).

He presents three issues for review:

We affirm the trial court’s findings.

On March 12, 1975, Drug Enforcement Administration (DEA) Agent Aros submitted to a United States District Judge an application for search warrant for permission to search the residence located at 3761 Newton Avenue, San Diego, California, as well as certain identified vehicles located in and around the premises. The search warrant was issued and executed the same day.

When the agents arrived at the residence they were admitted by the appellant’s wife. It was then discovered that there were several persons inside, some of whom were specifically suspected of being involved in narcotics trafficking.

During a search of the front bedroom, DEA Agent Aros discovered a brown paper bag containing heroin. He then asked the appellant to come into the bedroom whereupon he asked the following questions: “Whose bedroom is this?” “Whose paper bag is this?” The appellant answered “It’s mine.” to both questions.

When the appellant claimed ownership of the bag, the…