United States v. Ann Yvonne Morgan

Ninth Circuit

United States v. Ann Yvonne Morgan

501 F.2d 1351, 1974 U.S. App. LEXIS 8138

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 14, 1974

Docket73-1669

StatusPublished

Cited by10 cases

This text of 501 F.2d 1351 (United States v. Ann Yvonne Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Ann Yvonne Morgan, 501 F.2d 1351, 1974 U.S. App. LEXIS 8138 (9th Cir. 1974).

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OPINION

PER CURIAM:

Ann Yvonne Morgan appeals her conviction for conspiring to possess and possessing with intent to distribute 389 pounds of marijuana. The evidence of these violations was discovered on September 26, 1972, during a search of her automobile at the Immigration and Naturalization Service’s San Onofre checkpoint near San Clemente, California.

In United States v. Bowen, 500 F.2d 960 (9th Cir., 1974) (en banc)-, this court held that under the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), searches by border patrol agents at fixed checkpoints which were not the functional equivalents of border searches violated the Fourth Amendment. We hold here that a search at the San Onofre checkpoint, located approximately 65 miles north of the Mexican border on Interstate 5 between San Diego and Los Angeles, is not the functional equivalent of a border search, as that term is used in Almeida-Sanchez and Bowen.

However, we also held in Bowen that the Almeida-Sanchez ruling would not be applied to fixed-checkpoint searches conducted prior to June 21, 1973, the date of decision of Almeida-Sanchez. Since the search of Morgan’s automobile was conducted before that date, the evidence was not subject to the motion to suppress.

The judgment of conviction is affirmed.

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OPINION

PER CURIAM:

Ann Yvonne Morgan appeals her conviction for conspiring to possess and possessing with intent to distribute 389 pounds of marijuana. The evidence of these violations was discovered on September 26, 1972, during a search of her automobile at the Immigration and Naturalization Service’s San Onofre checkpoint near San Clemente, California.

In United States v. Bowen, 500 F.2d 960 (9th Cir., 1974) (en banc)-, this court held that under the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), searches by border patrol agents at fixed checkpoints which were not the functional equivalents of border searches violated the Fourth Amendment. We hold here that a search at the San Onofre checkpoint, located approximately 65 miles north of the Mexican border on Interstate 5 between San Diego and Los Angeles, is not the functional equivalent of a border search, as that term is used in Almeida-Sanchez and Bowen.

However, we also held in Bowen that the Almeida-Sanchez ruling would not be applied to fixed-checkpoint searches conducted prior to June 21, 1973, the date of decision of Almeida-Sanchez. Since the search of Morgan’s automobile was conducted before that date, the evidence was not subject to the motion to suppress.

The judgment of conviction is affirmed.

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501 F.2d 1351, 1974 U.S. App. LEXIS 8138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ann-yvonne-morgan-ca9-1974.

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