DAVIS v. UNITED STATES

No. 25546.

431 F.2d 693 (1970)

Robert E. DAVIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1970.


Attorney(s) appearing for the Case

Byron F. Egan, Dallas, Tex., for appellant.

Jamie C. Boyd, James W. Kerr, Jr., Asst. U. S. Attys., El Paso, Tex., for appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.


PER CURIAM:

The principal issue raised on this appeal from conviction and sentence of a narcotics conviction is that the trial court erred in not suppressing the quantity of heroin found in a brown paper bag which had been in appellant's possession when he was removed from a passenger airplane at the El Paso, Texas airport some five miles from the border. The trial court denied the motion to suppress on the ground that this was a proper "border search" as described...

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