UNITED STATES v. OWENS

No. 72-2567.

475 F.2d 759 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Leroy OWENS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1973.


Attorney(s) appearing for the Case

John B. McAdams, Dallas, Tex., court appointed, for defendant-appellant.

William S. Sessions, U. S. Atty., Joel D. Conant, Asst. U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, GEWIN and COLEMAN, Circuit Judges.


PER CURIAM:

The defendant, Owens, appeals from his non-jury conviction for possession of heroin in violation of 21 U.S.C. § 844(a).

There is no reason to explore the dimensions of "probable cause" in airport arrests and searches. Here Owens voluntarily agreed to accompany Customs Security Officer Harris to the office of Customs Patrol Officer Castro. Apparently Owens panicked, knocked down Castro, put a cellophane package in his mouth, and began to run...

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