Edward John Herreres v. United States

Edward John Herreres appeals his conviction for concealing and transporting marijuana illegally imported into the United States. 21 U.S.C. § 176a. He claims that the identity of an informant should have been revealed, that there was no probable cause to arrest, and that he did not exercise dominion and control over the marijuana. We reject each claim.

On January 29, 1968, an informant told a customs agent that a large amount of marijuana bound for Los Angeles would enter the United States through the port of entry at Calexico, California. On February 2, the informant told the agent that the marijuana would be hidden in a green, 1959 Ford Ranchero with California license G33912. That night, an unidentified Mexican drove the Ford across the border and parked it at an intersection in Calexico. An hour later, another person drove the car to North Hollywood, California, and parked it on the street. Two days later, agents arrested appellant after he entered the car and drove it away.

Since this was not a border search, the agents needed probable cause to arrest. United States v. Selby, 407 F.2d 241 (9th Cir., 1969). When an informant is used to establish probable cause, the government…