United States v. Asendio

O’CONNELL, Circuit Judge.

Indicted and found guilty of a violation of Section 2 of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 174, defendant has taken the instant appeal. The questions presented for our decision involve the *123scope of the Fourth Amendment to the Constitution of the United States.

The facts, stipulated for the purpose of this appeal, are substantially as follows: One Billie Holliday, an entertainer, passed a small package wrapped in white tissue paper to defendant, on one of the busier street corners of downtown Philadelphia. This occurred at 11:30 P. M. on May 15,…