United States v. Willie Calvin Jackson, United States of America v. Roberto Hernandez-Macias

Jackson and Hernandez-Maeias appeal from a conviction under 21 U.S.C. § 174 . Their primary contention is that the customs agents did not have probable cause to stop and search the car in which the heroin was found. We affirm.

Jackson registered at the Arroyo Motel in Nogales, Arizona, on January 20, 1968, under the name of James Smith. He did not fill in a car license number on the registration form. However, later he parked a Chevrolet in the space outside his assigned room. The owner of the motel recognized the car, and thought that Jackson was the same person who had registered at his motel three weeks before as Louis Brown and asked to rent a room for only two hours. He therefore called Customs Officer Swindler, who came to the motel at about 6:30 P.M. Swindler and other agents put Jackson’s room under surveillance.

Eventually Jackson received a phone call, left the motel, drove around the corner and picked up a passenger, Hernandez-Macias. The car then took a very circuitous route through and around the downtown Nogales area, made a U-turn, and started toward Tucson, all the while followed by from one to four customs vehicles. The customs cars were unmarked and the agents…