United States v. Thomas Peter Vallejo Appeal of Edson L. Whipple

I prefer to address the interesting question posed in this appeal: whether the warrantless search of appellant’s luggage at the Customs House in Brownsville, Texas, one hour after his arrest in a public airport in Harlington, Texas, was lawful as incident to an arrest, United States v. Miles, 413 F.2d 34 (3d Cir. 1969), or comes within the prohibition of Preston v. United States, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964) . The district court denied a petition for suppression and appellant was convicted of dealing in and conspiring to import marijuana. 21 U.S.C. § 176(a); 26 U.S.C. §…