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UNITED STATES v. CALDERA

Nos. 24145, 24146.

421 F.2d 152 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Alonzo Pena CALDERA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lois Virginia CALDERA, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Filed January 19, 1970.

Attorney(s) appearing for the Case

Joseph H. Soble (argued), Tucson, Ariz., for Alonzo Pena Caldera, Paul E. Wolf (argued), Tucson, Ariz., for Lois Virginia Caldera, William C. Scott, Tucson, Ariz., for appellants.

William C. Smitherman (argued), Asst. U. S. Atty., John L. Augustine, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before MERRILL, KOELSCH and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Under the standards articulated in a series of cases from this court dealing with border searches of body cavities,1 the Customs agents had sufficient indication of the presence of heroin to warrant subjecting Lois Virginia Caldera to an X-ray examination. Her refusal to submit to the X-ray and the fact that she was seen placing something in her mouth were sufficient to warrant a subsequent search of her mouth. No Fourth Amendment...

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