Alfred Layton Grier and Thomas Charles Briscoe v. United States

CHAMBERS, Circuit Judge:

Hank Brown on September 30, 1963, crossed the border on foot from Tijuana, Mexico, to San Ysidro, California. He was followed by appellant Thomas Charles Briscoe. 1 Questioned by customs officers at the border, although Brown 2 was observably rather nervous, he did temporarily satisfy the American officers. He was not searched and he walked on into the United States to a bus station not more than 100 yards away. Briscoe, with narcotics “burn marks” on his arms, was questioned closely. He said Brown was traveling with him. Brown had denied knowing Briscoe.

Thereupon a…