United States v. Camilo Juarez-Rodriguez

Ninth Circuit

United States v. Camilo Juarez-Rodriguez

498 F.2d 7, 1974 U.S. App. LEXIS 8526

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 21, 1974

Docket74-1118

StatusPublished

Cited by13 cases

This text of 498 F.2d 7 (United States v. Camilo Juarez-Rodriguez) 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. Camilo Juarez-Rodriguez, 498 F.2d 7, 1974 U.S. App. LEXIS 8526 (9th Cir. 1974).

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Opinion

OPINION

Before CHAMBERS and BROWNING, Circuit Judges, and TAYLOR, * District Judge.

PER CURIAM:

On May 6, 1974, this case was ordered submitted for decision on June 3, 1974. That order is vacated, and the case is ordered submitted for decision today.

On September 20, 1973, Border Patrol agents at the San Clemente immigration checkpoint on interstate route 5, approximately 66 miles from the Mexican border, made a routine stop of a station wagon driven by appellant. The agents searched the station wagon and found 244 pounds of marihuana in the luggage well and spare tire well. No claim is made that the agents had a “founded suspicion” to justify stopping appellant’s vehicle, see, e. g., United States v. Jaime-Barrios, 494 F.2d 455 (9th Cir. 1974) ; United States v. Bugarin-Casas, 484 F.2d 853 (9th Cir. 1973), or probable cause to search the vehicle, see Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925).

Appellant moved to suppress the marihuana. His motion was denied. He then reserved his right to renew the motion, waived jury trial, and proceeded to trial upon stipulated facts. He was convicted of possessing marihuana with intent to distribute in violation of 21 U.S. C.§ 841(a)(1) (1970).

In the absence of founded suspicion and probable' cause, the stop and search of appellant’s vehicle at the San Clemente alien checkpoint violated appellant’s Fourth Amendment rights. Almeida-Sanchez v. United States, 413 U. S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973); United States v. Bowen, 500 F.2d 960, 962-967 (9th Cir. May 9, 1974). Evidence concerning the stop, search, and discovery of marihuana should therefore have been suppressed.

Since the stop and search in this case took place after June 21, 1973, the date *8 on which the Supreme Court decided Almeida-Sanchez v. United States, supra, the non-retroactivity of that decision as applied to fixed alien checkpoints, see United States v. Bowen, supra, at 975-982, need-not concern us.

The judgment is reversed.

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OPINION

Before CHAMBERS and BROWNING, Circuit Judges, and TAYLOR, * District Judge.

PER CURIAM:

On May 6, 1974, this case was ordered submitted for decision on June 3, 1974. That order is vacated, and the case is ordered submitted for decision today.

On September 20, 1973, Border Patrol agents at the San Clemente immigration checkpoint on interstate route 5, approximately 66 miles from the Mexican border, made a routine stop of a station wagon driven by appellant. The agents searched the station wagon and found 244 pounds of marihuana in the luggage well and spare tire well. No claim is made that the agents had a “founded suspicion” to justify stopping appellant’s vehicle, see, e. g., United States v. Jaime-Barrios, 494 F.2d 455 (9th Cir. 1974) ; United States v. Bugarin-Casas, 484 F.2d 853 (9th Cir. 1973), or probable cause to search the vehicle, see Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925).

Appellant moved to suppress the marihuana. His motion was denied. He then reserved his right to renew the motion, waived jury trial, and proceeded to trial upon stipulated facts. He was convicted of possessing marihuana with intent to distribute in violation of 21 U.S. C.§ 841(a)(1) (1970).

In the absence of founded suspicion and probable' cause, the stop and search of appellant’s vehicle at the San Clemente alien checkpoint violated appellant’s Fourth Amendment rights. Almeida-Sanchez v. United States, 413 U. S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973); United States v. Bowen, 500 F.2d 960, 962-967 (9th Cir. May 9, 1974). Evidence concerning the stop, search, and discovery of marihuana should therefore have been suppressed.

Since the stop and search in this case took place after June 21, 1973, the date *8 on which the Supreme Court decided Almeida-Sanchez v. United States, supra, the non-retroactivity of that decision as applied to fixed alien checkpoints, see United States v. Bowen, supra, at 975-982, need-not concern us.

The judgment is reversed.

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