432 F.2d 132 (9th Cir. 1970), 24775, United States v. Kandlis

Docket Nº:24775, 24783, 24784, 25482.
Citation:432 F.2d 132
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Steven Ray KANDLIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Julian Joseph ZEBROWSKI, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Wilson QUINN, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry Allen SLOCUM,
Case Date:May 28, 1970
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 132

432 F.2d 132 (9th Cir. 1970)

UNITED STATES of America, Plaintiff-Appellee,

v.

Steven Ray KANDLIS, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Julian Joseph ZEBROWSKI, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

William Wilson QUINN, Jr., Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Larry Allen SLOCUM, Defendant-Appellant.

Nos. 24775, 24783, 24784, 25482.

United States Court of Appeals, Ninth Circuit.

May 28, 1970

Rehearing Denied Aug. 12, 1970.

Page 133

Joseph R. Schlozman, Kansas City, Mo. (argued for Steven R. Kandlis), James M. Sakrison, of Lesher, Scrugg, Rucker, Kimble & Lindamood, Tucson, Ariz.; John R. McDonald, of Deconcini & McDonald, Tucson, Ariz. (argued for Julian J. Zebrowski), James M. Sakrison, of Lesher, Scruggs, Rucker, Kimble & Lindamood, Tucson, Ariz. (argued for Wm. W. Quinn, Jr.), Leon Thikoll, of Thikoll & Johnston, Tucson, Ariz. (argued for Larry A. Slocum), for appellants.

James McLeod Wilkes (argued), Asst. U.S. Atty., Richard K. Burke, U.S. Atty., Jo Ann D. Diamos, Asst. U.S. Atty., of Tucson, Ariz., for appellee.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

The four appellants were each charged with violations of 21 U.S.C. § 176a and 26 U.S.C. § 4744(a). They were tried before a jury, found guilty on the 21 U.S.C. § 176a charge, and each was sentenced under the Youth Corrections Act. Their common contention is that the trial court erred in failing to suppress evidence that marihuana was found in the car in which they were riding, as

Page 134

the product of an illegal search. We reverse.

Lukeville, Arizona is a tiny town on the Arizona-Mexico border next to the Organ Pipe Cactus National Monument, where state highway No. 85, coming from the north, reaches the border. The nearest town to the north of any size is Ajo, some forty miles away. The nearest Mexican town is Sonoita, two and one-half miles to the south. From there the road runs south and west to Puerto Penasco (also referred to as Rocky Point) on the Gulf of California, 65 miles away. Puerto Penasco is a fishing resort. On weekends a considerable number of vehicles cross the border en route to or from Puerto Penasco. Sonoita is reputed to have a population of 5,000, but the only business there that might attract American students is said to be a house of prostitution. There is a secondary road east from Sonoita to the main highway south and thence to such resorts as Guaymas and Mazatlan.

The permanent population of Lukeville is about 50. On winter or spring weekends, such as March 2, 1969, there are enough trailer campers in the town to more than double the population. There is one commercial building containing, among other things, a bar, and one gasoline service station. Some 60 feet from the border, and across the highway from the commercial building, is the United States border station. On March 2, 1969, there were two United States Customs inspectors and three Immigration inspectors, but no other law enforcement personnel in Lukeville. There is an eight foot cyclone fence at the border, but to the West it extends only a quarter of a mile. From thence West, there is a four strand barbed wire fence. The gate across the highway is locked at midnight.

Six miles to the north, and just off highway 85, is the headquarters of the National Monument. There are camping grounds at the headquarters, and on March 2, 1969, there were five tents and 225 trailers in the...

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