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UNITED STATES v. CARPENTER

No. 73-1910.

496 F.2d 855 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Everett CARPENTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 7, 1974.

Attorney(s) appearing for the Case

Charles M. Sevilla (argued), Federal Defenders of San Diego, San Diego, Cal., for defendant-appellant.

Michael E. Quinton, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.

OPINION

PER CURIAM:

The judgment of conviction for importing heroin in a body cavity is reversed. We find that there was probable cause to undertake a strip search, but on the particular record before us a doctor should have been summoned. See Schmerber v. California (1966), 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908.

CHAMBERS, Circuit Judge (concurring):

I concur reluctantly.

Carpenter apparently...

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