Donald L. Call v. United States

The appellant appeals from his conviction of unlawful importation and possession of marihuana, 21 U.S.C. § 176a. The case was submitted on the record made at the hearing on the motion to suppress the evidence. The sole question here is whether the lower court erred in denying the motion. We hold that the motion was properly denied. We affirm.

We find that the officers had reasonable cause to believe that the defendant was committing an offense in their presence and that his arrest was lawful. Under the facts the initial arrest being lawful, the later search and seizure did not violate the appellant’s Fourth Amendment rights.

The lobster season opened October 5, 1966 at 12:01 a. m. Two experienced wardens of the Fish and Game Department of California were patrolling for lobster poachers the evening of October 4, near Malibu. About 11:30 p. m. they were at Paradise Cove. It was cool and quiet. Warden DuPont noticed a sport fishing vessel “right in the breaker line almost on the beach”. (R.T. 108). It had no lights and was in a hazardous position with the stern toward the beach. Occasionally the engine would be started.

Warden DuPont saw people moving around the boat and swimming…