United States v. Francisco Ponce

Ninth Circuit

United States v. Francisco Ponce

449 F.2d 1299

Court of Appeals for the Ninth Circuit·Decided October 8, 1971·No. 71-2469_1·Published·Cited by 1 cases

Opinion

PER CURIAM:

The judgment of conviction is affirmed in this marijuana smuggling and importation case.

We find the questioned search of the nearby dresser drawer unobjectionable. Searching for a possibly secreted weapon, incriminating telephone call records were found. If the scope of the search was justified, any material evidence found is admissible. On the facts here, the government is not defeated by Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).

We find other issues raised without merit.

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PER CURIAM:

The judgment of conviction is affirmed in this marijuana smuggling and importation case.

We find the questioned search of the nearby dresser drawer unobjectionable. Searching for a possibly secreted weapon, incriminating telephone call records were found. If the scope of the search was justified, any material evidence found is admissible. On the facts here, the government is not defeated by Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).

We find other issues raised without merit.

United States v. Francisco Ponce, 449 F.2d 1299 (9th Cir. 1971).

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Opinion

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