United States v. William Charles Grummel, Jr.

This is an appeal from a conviction on two counts of possession of heroin with intent to distribute in violation of 21 U.S.C. § 812 .

Facts and Proceedings Below

On September 25, 1972, federal agents were issued a federal search warrant authorizing the interception and inspection of a mail parcel addressed to appellant. The parcel was searched and found to contain heroin. The package was resealed and surveilling agents were dispatched to the Grummel residence.

At 11:45 a. m. on September 26, 1972, agents observed appellant pick up the parcel and return home. The agents waited ten minutes, then approached the residence and knocked on the front door. When appellant opened the door, the agents entered and placed him under arrest.

Agents inspected the upstairs rooms and found appellant’s mother. She asked the agents to leave after learning that they did not have a search warrant.

Appellant was removed from the premises and an agent was dispatched to apply for a search warrant. The remaining agents gave his mother the choice of letting them stay inside the home or securing the home and waiting with the agents outside until a search warrant was obtained. She chose to wait…