United States v. Frank Karl Selby, Steven Arthur Clark, Paul Evans Carbone, Carol Nalani Palmieri, and Elaine Rose Fodor

BARNES, Circuit Judge:

Appellees were indicted on November 8, 1967, for conspiring to import, receive, conceal, buy, sell and facilitate the transportation of approximately 332 pounds of bulk marijuana, a violation of 21 U.S.C. § 176a. Two of the appellees, Selby and Palmieri, were also indicted on a second count, under 21 U.S.C. § 176a, for knowingly importing the 332 pounds of bulk marijuana with intent to defraud the United States.

Appellees moved to suppress the incriminating evidence on Fourth Amendment grounds. This was granted, and it is the granting of this motion that the Government…