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UNITED STATES v. GIL de AVILA

No. 71-3033.

468 F.2d 184 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Herminia GIL de AVILA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 6, 1972.

Attorney(s) appearing for the Case

James W. Meyers, Asst. U. S. Atty. (argued), Stephen G. Nelson, Brian E. Michaels, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellant.

George H. Lerg, San Diego, Cal., for defendant-appellee.

Before BARNES and TRASK, Circuit Judges, and BYRNE, Sr., District Judge.

WILLIAM M. BYRNE, District Judge:

As a result of a strip search of Herminia Gil de Avila (Herminia), two rubber prophylactics containing one and three quarters ounces of heroin were discovered as she "lowered her undergarments to her ankles." Despite this discovery, the district court granted Herminia's motion to suppress on the ground "that there were [no] facts to support the search of [Herminia]."

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