Manuel Valenzuela-Garcia v. United States

Appellant Valenzuela-Garcia was convicted, in a trial without a jury, on both counts of a two-count indictment, of smuggling and concealing marijuana in violation of 21 U.S.C. § 176a2 and of concealing and facilitating the transportation and concealment of marijuana in violation of 21 U.S.C. § 176a.

The sole question presented on appeal is whether the trial court erred in finding that probable cause existed for lawful warrantless search behind the fender panels in the trunk of appellant’s auto when that vehicle was inspected at an alien checkpoint 48 miles from the Mexican border.

After staying overnight in Mexicali, Mexico, the appellant crossed the border where he displayed his immigration papers and opened the trunk of his car for inspection. No effort was made to detain appellant at that point.

Later, while driving north on Highway 111 in Imperial County, Valenzuela-Garcia was stopped by a United States Immigration Service inspector who asked him about his citizenship. Valenzuela produced an 1-151 alien registration card.

Noting that the appellant appeared nervous, the inspector asked appellant to open his car trunk for inspection. Finding a spare tire, a few packages of…