Poehner

Defendant appeals his conviction of the offense of transportation of restricted dangerous drugs, contending (1) the court erred in denying his motion to suppress, and (2) the evidence is insufficient to support his conviction.

On January 13, 1970, shortly after 11 p.m., a United States border inspector at the Tecate border station, by radio, advised border patrolman Rowe, acting as a lookout on a hill nearby, a blue Volkswagen, giving its license plate number, was passing through the station; the occupants had come from Tijuana and lived in the San Diego area; and he felt it was likely they would make a pickup of narcotics after leaving the station because there wás no reason why they should take a 70-mile trip out of their way.

A patrolman on the hill was able to see the inspector talking to occupants of cars ás they passed through the port of entry and to observe the cars thereafter as they traveled northerly along Tecate Road, which is the main route from the border station to Highway 94, an east-west artery. The area in question has a history of trafficking in narcotics. One of the most widely used procedures to smuggle narcotics across the border, brought there by…