United States v. Gregorio Nunez-Martinez

443 F.2d 403, 1971 U.S. App. LEXIS 9912

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 1, 1971
• Docket: 71-1205
• Status: Published

Opinion

PER CURIAM:

Appellant and another rode in a ear from Mexico into the United States, at high speed, crossing the border at a point where there was no port of entry. They were seen by a border patrol, chased and ultimately caught several miles inside the border. A search revealed marijuana and amphetamine and seconal capsules in large quantities. On appeal, appellant attacks the search as not based on probable cause. This was a border search, and probable cause was not necessary. Witt v. United States, 9 Cir., 1961, 287 F.2d 389, 391.

Affirmed.

The mandate shall issue forthwith.