United States v. McCullough

DECISION

ARROWOOD, Senior Judge:

The accused questions the legality of a customs search of the compartment of the train in which he was riding as it crossed an international border. We find he had no standing to contest the legality of the search of the common areas in the compartment. We also hold that the Government met its heavy burden to demonstrate that the accused knowingly, intelligently and voluntarily waived his right to a lawyer before making a statement even though he had asked to see a lawyer when he was first advised of that right.

The accused was traveling by train from Holland to…