Jones

Defendant Rogers, a twenty-three year old United States Army private first class, has been indicted in this district for violation of Title 21 U.S.C.A. § 174 , which defines as a crime the unlawful importation of narcotics into the United States, and includes therein any conspiracy committed incidental thereto.

Relating to this indictment, defendant has by petition moved this Court to suppress certain statements and to quash a warrant for his arrest, issued on the basis thereof, and upon oral hearing of such motions, has moved as well to quash the indictment.

From the evidence introduced at the hearing on May 4, 1960, the Court finds the facts to be substantially as follows;

On March 9, 1960, about noon, defendant Rogers, returning from Korea aboard the United States Army Transport Mitchell, was halted as he was debarking at the Oakland Army Terminal by United States Customs Officers, acting on information wired to the Army from Korea, and relayed to Customs, to the effect that two soldiers aboard the vessel — one Jones and one Rogers — were in possession of heroin, and that Jones was to deliver it to Rogers on arrival at Oakland.

The Customs officers were assisted at the time…