United States v. Ronald Lee Elder, United States of America v. Ernest Solorio Guerrero, United States of America v. David Allen Disbrow

Appellants and one David Sireika were convicted on charges of knowingly concealing and facilitating the transportation and concealment of 68 pounds of marijuana which the appellants knew had been imported into the United States contrary to law (violation of 21 U.S.C. § 176a), and of conspiring to commit the foregoing acts. A third count charging that appellants and Sireika aided in the smuggling of 3800 seconal capsules was dismissed in the trial court.

At about 10:30 P.M. on July 31, 1967, appellants Disbrow and Guerrero drove a Volkswagen sedan into the Port of Entry at Tecate. Both made negative customs declarations. The border officials conducted a search of the car, looking under the front and rear seats, and examining the passenger, engine and front trunk compartments. No contraband was found and the travelers proceeded inland with Disbrow driving.

After passing the car through the border inspection, a Tecate Customs Inspector notified an Immigration Patrol Inspector that Disbrow and Guerrero were very nervous at the crossing and had aroused the suspicions of the Tecate official. The car’s license number was also relayed to the Immigration Inspector, Willard…