Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/9



Petitioners were convicted in the United States District Court for the Northern District of California (a jury having been waived) of concealment and transportation of illegally imported heroin, in violation of 21 U.S.C. 174 (R. 4–5, 124, 126). Petitioner James Wah Toy was sentenced to imprisonment for five years (R. 126), and petitioner Wong Sun, as a second offender, to imprisonment for 10 years (R. 121, 124).

The issues in this Court relate primarily to the trial court's refusal to exclude evidence as to statements made by petitioner Toy at the time of, and after, his arrest, narcotics found by the federal agents at the home of a third party (Johnny Yee) after they had arrested Toy, and formal confessions made by petitioners Toy and Wong Sun some days later, after they had been arraigned. Petitioners objected at the trial to the admission of this evidence (R. 31 ff., 48–50, 57–62, 64, 69, 72-73, 74, 77, 91, 100 ff.).

Between 5:30 and 6:00 o'clock on the morning of June 4, 1959, one Hom Way told federal narcotics agent William Wong that he had purchased an ounce of heroin the night before from a person known as "Blackie Toy" who operated a laundry on Leavenworth Street in San Francisco (R. 54–55). Hom Way had been arrested at about 2:00 o'clock that morning (June 4), in possession of narcotics (R.