Rodriguez-Gonzalez v. United States
Citation | 378 F.2d 256 |
Decision Date | 11 May 1967 |
Docket Number | No. 20676.,20676. |
Parties | Calixto RODRIGUEZ-GONZALEZ, Appellant, v. UNITED STATES of America, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
David C. Marcus, Los Angeles, Cal., for appellant.
Edwin L. Miller, Jr., U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee.
Before BARNES and JERTBERG, Circuit Judges, and HALBERT, District Judge.
Calixto Rodriguez-Gonzalez appeals from his conviction following a trial by jury on an indictment alleging illegal concealment and transportation of marijuana in violation of Title 21 U.S.C. § 176a. Appellant asserts four errors upon which he seeks reversal of his conviction: (1) the search of the automobile which appellant was driving was illegal and the evidence thus obtained was therefore improperly used at his trial; (2) appellant was deprived of his right to confront the informer whose information led to the discovery of the marijuana; (3) the trial court instructed the jury in an improper manner; and (4) the evidence was insufficient to support the verdict.
The central facts concerning the search of the car driven by appellant are not in dispute. We quote from appellant's brief:
The trial judge admitted the marijuana into evidence on the apparent ground that the Customs officers, having received information from a reliable informant, and such information being corroborated by subsequent events observed by the officers, had probable cause to stop and search, without a warrant, the vehicle which they believed contained contraband (See: RT 55:10-13, relying upon Jones v. United States, 326 F.2d 124 (9th Cir. 1963)). We do not reach that issue but affirm on the alternative ground that the search was a valid "border search." The term "border search" has been defined and discussed at length in numerous decisions of this Circuit. (See, e. g. Plazola v. United States, 291 F.2d 56 (9th Cir. 1961); Corngold v. United States, 367 F.2d 1 (9th Cir. 1966) (dissenting opinion); Murgia v. United States, 285 F.2d 14 (9th Cir. 1960); Alexander v. United States, 362 F.2d 379 (9th Cir. 1966)). It is therefore unnecessary to discuss the doctrine at length. It is sufficient for this case to say that a border search is an exception to the general requirement of probable cause which must support a search with or without a warrant. Thus certain officers of the United States (in this case Customs officials) have the authority to stop and search, upon mere suspicion of illegal activity within their jurisdiction, persons and vehicles that cross the international border into the United States. As this Court noted in Alexander v. United States, 362 F.2d 379, at 382 (9th Cir. 1966):
"Accordingly, it is well settled that a search by Customs officials of a vehicle, at the time and place of entering the jurisdiction of the United States, need not be based on probable cause; that `unsupported\' or `mere\' suspicion alone is sufficient to justify such a search for purposes of Customs law enforcement."
Seeking to distinguish the case at bar from the general rule, the appellant points to the fact that the car in which he was arrested was not stopped at the time it crossed the border, but rather some fifteen hours and twenty miles later. Again we quote from Alexander v. United States, supra at 382:
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