MONTOYA v. UNITED STATES

No. 25028.

392 F.2d 731 (1968)

Maria Hermelinda MONTOYA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1968.


Attorney(s) appearing for the Case

Donald F. Frost, Miami, Fla., for appellant.

Michael J. Osman, William A. Daniel, Jr., Asst. U. S. Attys., Miami, Fla., for appellee.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.


TUTTLE, Circuit Judge:

Maria Montoya and a male companion, Heriberto Lozano were arrested on April 2, 1967 in Dade County, Florida very shortly after they arrived from Colombia by air and were charged with importation and illegal purchase of some two thousand grams of cocaine, in violation of Title 26 U.S.Code Ann. § 4704(a). The parties were subsequently indicted; the trial court sustained a motion on behalf of Lozano to suppress the fruits of a search of the...

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