# Brief for the United States, Wong Sun v. United States/Statement/The evidence

I. The Evidence
A. The Arrest of Petitioner Toy
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. ​55–56). The agent had known Hom Way about six weeks. When questioned at the trial as to whether Hom Way was a reliable informer, the agent replied, "I believe so, yes sir" (R. 54), and repeated, on cross-examination, "I believe he would be reliable" (R. 55). The agent did not have knowledge as to whether Hom Way had been arrested or convicted for any previous narcotics violations (R. 56). This was the first information the agent had received from Hom Way (R. 56).
At about 6:30 a.m. on June 4, federal agent Alton Wong went to the door of petitioner's Toy's laundry on Leavenworth Street (R. 33, 51). In June at this time of morning it was no longer dark (R. 34; and see R. 58). The federal agent went to the door alone, rang the bell, and knocked (R. 34, 36, 51). When petitioner Toy opened the door, the agent said he wanted some laundry. Toy replied that he did not open until 8, and to return then (R. 51). The agent then exhibited his official badge and informed Toy, "I am a federal narcotics agent" (R. 51–52). Toy slammed the door and the agent, seeing through the glass of the door that Toy was running toward the rear of the premises, forced the door open, and pursued Toy (R. 52). The officer, running after Toy, repeated, "I am a narcotics treasury agent," but Toy ran on into the living quarters to the rear (R. 52–53). Toy ran over the top of the bed where his wife and child were sleeping, in order to reach a nightstand ​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 ​only as "Sea Dog" (R. 90, 94). Petitioner Toy informed the agents, at about 10:30 a.m., that the person known to Yee as "Sea Dog" was petitioner Wong Sun. Toy went with the agents to identify Wong Sun's residence (R. 90, 95).
At Wong Sun's residence, at a little after 11 a.m. on June 4, agent Alton Wong rang the door bell. When a lady opened the door, he entered and asked for Mr. Wong. At this time Betty Wong appeared. Agent Wong identified himself as from the Federal Bureau of Narcotics. Agent Casey, who followed him in, addressed Mrs. Wong as "Betty" and asked her where Wong Sun was. She informed him that he was in the back room sleeping. Agent Casey then arrested Wong Sun, and the premises were searched (R. 96–99).
D. The Subsequent Confessions by Petitioners
Although the record does not contain the information, the fact is that petitioner Toy was arraigned before the Commissioner on June 4 and petitioner Wong Sun on June 5. Each was released on his own recognizance. On June 9, each of the petitioners was interviewed separately by an agent at the Bureau offices. Each was told of his right not to answer ​questions or make a statement, of his right to counsel, and of the fact that any statement made could be used against him. Each was told that the agent could make no promises of immunity or leniency. Thereafter each discussed details of narcotics transactions, first by answering questions, then by repeating details to the agent who took down the answers in rough form and subsequently prepared a typewritten statement. Each statement was shown to the respective petitioner, read to him in English, and interpreted in Chinese. Each petitioner acknowledged his statement to be correct but refused to sign it, because of the absence of assurance that the other had also signed (R. 66–72). The statements were admitted into evidence over objection (R. 106).
1. Wong Sun's confession (Exhibit 4).
Wong Sun's confession included the following statements: He met Toy at Marysville, California, about the middle of March 1959, during a Chinese celebration. They returned to San Francisco together and discussed the possible sale of heroin. Wong Sun informed Toy that he could get a "piece" from one "Bill" for $450.
Shortly thereafter, Toy told Wong Sun he wanted a "piece" for "Johnny." Wong Sun knew Johnny only through Toy. Wong Sun obtained the heroin, and did so again on about 7 or 8 additional occasions, on one of which the heroin was for someone other than Johnny.
On several occasions after obtaining the first "piece," Wong Sun drove with Toy to Johnny's house, 606–11th Avenue, and Toy would deliver the ​heroin to Johnny and the three would smoke some of it. Johnny paid Toy $600 for each "piece." On three other occasions Wong Sun and Toy went to Johnny's without bringing heroin, and smoked heroin there and obtained some for themselves.
About four days before the arrest [the arrest was on June 4], Toy gave Wong Sun $450 and, after the latter obtained the heroin, Toy phoned Johnny, and Toy and Wong Sun drove to Johnny's house at about midnight. Toy gave the heroin to Johnny in a rubber contraceptive enclosed in a small brown bag.
On the night before the arrest, before 11 p.m., Toy phoned Johnny, and the two went to Johnny's to smoke heroin for half an hour. They also obtained one "paper" of heroin for their own use later.
2. Toy's confession (Exhibit 3).
Toy's confession included the following statements: He first met Wong Sun, known to him as "Sea Dog," about three months before June 5, 1959, at Marysville, California, during a Chinese holiday. Toy drove him back to San Francisco.
Sometime during April or May of 1959, Wong Sun asked Toy to drive him to the home of Johnny Yee, at 11th and Balboa Streets, first asking Toy to phone Johnny that they were coming. Wong Sun there delivered to Johnny a paper package of heroin and, upon Toy's request, gave him some which he ​smoked. Wong Sun paid Toy $15 for driving him to Johnny's.
Toy drove Wong Sun to Johnny's "about 5 times altogether," each time receiving $10 or $15 and Toy was also given enough heroin for 3 or 4 cigarettes. The last occasion for driving Wong Sun was "last Tuesday, May 26." Thereafter, on Wednesday night, June 3, at about 10 p.m., Toy phoned Johnny that he didn't "have anything" and was coming out "pretty soon." When he arrived, Johnny gave him—"just out of friendship"—a paper of heroin sufficient for 5 or 6 cigarettes, without any money given or asked. "He has given me heroin like this quite a few times. I don't remember how many times."
Toy had "known Hom Wei [the original informer, supra, pp. 3–4] about 2 or 3 years but I have never dealt in narcotics with him. * * * The only connection I now have is Johnny Yee."
E. The Testimony of Johnny Yee
Johnny Yee, called as a government witness, proved recalcitrant. He admitted, however, that he knew both Wong Sun and Toy, and identified both in the courtroom (R. 20). He stated that he had known Toy since 1951 or l952 and had known Wong Sun that year, 1959 (R. 20). He confirmed Wong Sun's nickname of "Sea Dog" (R. 20). He stated that, a month before his arrest, Toy, with wife and ​children, had visited his home (R. 20–22). He admitted that he had made a sworn statement to the officers that on Monday, June 1, prior to midnight, Wong Sun and Toy had come to his house, and that on Wednesday evening, June 3, Toy had phoned before 11 p.m. that he would be by, and that he and Wong Sun had come up between 11:00 p.m. and midnight (R. 30). He stated, however, that he had lied in making the latter statements (R. 30). The government thereupon dismissed the witness.
* ↑ Toy, testifying on voir dire, denied that the agent had identified himself before Toy began to run, and alleged, "I wasn't running, I was just taking big steps" (R. 39).
* ↑ Wong Sun and his sister-in-law testified on voir dire that the arrest was made after an entry by asking for another person and while Wong Sun and his wife were in bed asleep (R. 81–89). Wong Sun stipulated that he had previously been convicted of a narcotics felony (R. 89).
* ↑ The agent testified, as to Toy, that he "spoke with" Toy, also, on the 5th of June, "I believe" (R. 67). The statement of Toy bears, in the heading, the notation that it was "taken on June 5, 1959."
* ↑ A "piece" is 28 grams (one ounce) (R. 19, 63–64).
* ↑ This would place the date on May 31 and the post-midnight events on June 1.
* ↑ "Last Tuesday," whether viewed from June 5 (a Friday) or June 9 (a Tuesday), would have been June 2, not May 26, which was two Tuesdays before.
layout 2