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UNITED STATES v. SUMMERFIELD

No. 24325.

421 F.2d 684 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Olden SUMMERFIELD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 29, 1970.

Attorney(s) appearing for the Case

Lester Robert Davis (argued), San Diego, Cal., for appellant.

Joseph A. Milchen (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and TRASK, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Appellant appeals from his conviction for smuggling narcotics into the United States in violation of 21 U.S.C. § 174, on the ground that the narcotics should not have been admitted into evidence at trial as they were the product of a rectal probe which violated his Fourth Amendment right to be free from unreasonable searches and seizures.

The mere fact that a person crosses the border is sufficient...

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