United States v. Curtis Leroy Owens

U.S. Court of Appeals for the Fifth Circuit
United States v. Curtis Leroy Owens, 475 F.2d 759 (5th Cir. 1973)
1973 U.S. App. LEXIS 10785

United States v. Curtis Leroy Owens

Opinion

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 away. At this point there was probable cause to arrest Owens and remove the package from his mouth. It was heroin.

Owens cannot complain that his rights were violated by his being taken to a hospital where a stomach pump was used to extract heroin. At the time he appeared to be unconscious or semi-conscious and the officers acted in good faith to prevent further harm to him. This case bears no resemblance to Rochin v, California, 1952, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183.

We hold, therefore, that the district court did not err in overruling the defendant’s motion to suppress the evidence. See Rener v. Beto, 5 Cir. 1971, 447 F.2d 20.

The judgment is affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Curtis Leroy OWENS, Defendant-Appellant
Cited By
9 cases
Status
Published