Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/11

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drawer, "and reached in for something in there" (R. 52). The agent, following Toy over the bed, seized him, drew his gun and told Toy he was under arrest. The nightstand drawer was empty. Toy was handcuffed and the agent then searched the premises (R. 52, 66). Nothing was found at the time (R. 52, 65–66).

B. The Surrender of the Narcotics by Johnny Yee

One of the agents informed Toy of Hom Way's statement that Toy had sold him narcotics. Toy denied that he had sold narcotics but added that he knew someone who had—one "Johnny"—at whose house he had been the night before (R. 63). Toy gave full details as to the appearance of the house, the location of "Johnny's" bedroom there, the amount of heroin in his possession, and the usual practice of "Johnny's" mother to come out of the house at about 8 a.m. with the children going to school. The agents immediately left for the house, arriving there at about 8 a.m. on June 4, at which time a youngster and a man and a woman came out. One of the agents showed his badge to the woman and asked whether Johnny was at home. She replied, "Yes, he is upstairs." In the bedroom, Yee surrendered about an ounce of heroin, without a search (R. 19, 63–64, 66). He was arrested (R. 20).

C. The Arrest of Petitioner Wong Sun

At the office of the Bureau of Narcotics—"within an hour or so" on June 4 (R. 90, 94)—Yee informed the agents that the heroin had been brought to his house by petitioner Toy and a person known to him