District Court, S.D. California June 16, 1959, Crim. No. 25755 (United States v. Cervantes)

WEINBERGER, District Judge.

In February of 1956 defendant was tried and convicted of the offense of smuggling heroin and marihuana. After *399the trial had begun, the defense made a motion to suppress the use as evidence of narcotics and a hypodermic syringe on the ground that the same was procured by illegal search and seizure.