United States v. John Richard Humphries

This is an appeal from the district court’s denial of the Government’s “Motion for Determination of Admissibility of Evidence” and further order that “all evidence concerning the identity and participation of defendant HUMPHRIES in this case is suppressed.” We affirm in part, reverse in part and remand.

I. Statement of the Case

On April 20, 1977, an indictment was returned against appellee Richard Hum-phries and four others and was filed in the United States District Court for the District of Arizona. The indictment charged each of the defendants with conspiracy to import marijuana, conspiracy to distribute marijuana, importation of marijuana, and attempt to possess marijuana with intent to distribute it.

Humphries moved for an order suppressing his identity “as a defendant in this matter and any and all other physical evidence and statements obtained as a result of the illegal arrest of [Humphries] in this matter.” Judge Muecke heard the argument on Humphries’ motion and granted that motion on January 26, 1978.

On February 3, the Government moved for a “Determination of Admissibility of Evidence.” This second motion was heard by Judge Davies, who denied it on February 17,…