Victor Manuel Castillo-Garcia v. United States

Good Law
424 F.2d 482·1970 U.S. App. LEXIS 9852
United States Court of Appeals for the Ninth CircuitApril 10, 197022991California1,268 words

Opinion

Opinion

Byrne, J.

Appellant appeals from a judgment of conviction under 21 U.S.C. § 176a for knowingly concealing and transporting 165 pounds of marihuana which he knew to be imported and brought into the United States contrary to law. The basis for the conviction was evidence found during a search of the car appellant was driving. The trial court denied appellant’s motion to suppress the evidence as the product of an illegal search and seizure.

Customs Agent Martin received information from an informant that a 1953 green and black Oldsmobile with license number JDC 432 would enter California within a day or two carrying a large quantity of marihuana. A day later when such a car did enter California, Martin and another agent followed the car, keeping it under surveillance. They followed the ear for about four hours as it went from Calexico through Brawley to Coachella where it stopped at approximately seven A.M., and the driver went into a nearby residence. About two hours later, the driver returned and drove to a cafe about fifteen miles away where he parked the car on the street. At approximately eleven A.M. the appellant drove up in a 1959 Oldsmobile. He and the driver of the 1953 Oldsmobile…

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