Herrera

On January 12, 1969, at approximately 8 a.m., appellant, alone in his car, was stopped by two immigration patrol inspectors of the United States Border Patrol. The officers were in uniform and driving a marked Border Patrol car. It was their official duty to seek out aliens unlawfully in the United States. To that end they were stopping cars at or near the checkpoint at which they stopped the appellant.

At the hearing on appellant’s Penal Code section 1538.5 motion to suppress evidence of marijuana and restricted dangerous drugs seized from appellant’s car, certain facts were stipulated to and the superior court took judicial notice of other facts over appellant’s objections. No issue is made on this appeal with respect to the court’s taking judicial notice of the facts not stipulated to. We summarize the facts stipulated to or of which judicial notice was taken: the case was tried on the transcript of the preliminary hearing; no warrant of arrest or search warrant existed; the checkpoint at which appellant was stopped is located on State Highway 99, Interstate 5, commonly known as the Ridge Route, at elevation 2,000; Highway 99 is the only main highway to the San…