United States v. Gilbert Bryant Foerster

Ninth Circuit

United States v. Gilbert Bryant Foerster

455 F.2d 981

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 15, 1972

Docket71-2620

StatusPublished

Cited by5 cases

This text of 455 F.2d 981 (United States v. Gilbert Bryant Foerster) 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. Gilbert Bryant Foerster, 455 F.2d 981 (9th Cir. 1972).

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Opinion

PER CURIAM:

Appellant appeals from his conviction of violating 21 U.S.C. § 176a, relating to transporting marihuana, and of conspiracy to violate the same section. We affirm.

Appellant contends that the marihuana introduced as evidence should have been suppressed as the product of a search and seizure not supported by probable cause. This court has consistently upheld the right of Immigration officers to stop and investigate vehicles for concealed aliens, as was done here, without a showing of probable cause. United States v. Almeida-Sanchez, 452 F.2d 459 (9th Cir. 1971); Duprez v. United States, 435 F.2d 1276, 1277 (9th Cir. 1970); Fumagalli v. United States, 429 F.2d 1011 (9th Cir. 1970).

Appellant also argues that the evidence was insufficient to show illegal importation or his knowledge thereof. The facts of this case are not distinguishable in any legally significant respect from those in Duprez v. United States, supra.

Affirmed.

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PER CURIAM:

Appellant appeals from his conviction of violating 21 U.S.C. § 176a, relating to transporting marihuana, and of conspiracy to violate the same section. We affirm.

Appellant contends that the marihuana introduced as evidence should have been suppressed as the product of a search and seizure not supported by probable cause. This court has consistently upheld the right of Immigration officers to stop and investigate vehicles for concealed aliens, as was done here, without a showing of probable cause. United States v. Almeida-Sanchez, 452 F.2d 459 (9th Cir. 1971); Duprez v. United States, 435 F.2d 1276, 1277 (9th Cir. 1970); Fumagalli v. United States, 429 F.2d 1011 (9th Cir. 1970).

Appellant also argues that the evidence was insufficient to show illegal importation or his knowledge thereof. The facts of this case are not distinguishable in any legally significant respect from those in Duprez v. United States, supra.

Affirmed.

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