United States v. Michael David Jose Weil, AKA Michael James Gideon, and Stephen Eugene Looper, AKA Stephen Lyme

The United States appeals, under 18 U.S.C. § 3731 , as amended by Pub.L. 90-351 of June 19, 1968, 82 Stat. 197 , 237-38, from an order granting a motion to suppress evidence. The United States Attorney has certified that the appeal is not taken for the purpose of delay and that the evidence is a substantial proof of the charge pending against the appellees' (defendants). We reverse.

The evidence suppressed is certain marihuana concentrate and certain drugs that were found in suitcases in the trunk of a car driven by appellee Looper and in which appellee Weil was a passenger. The search occurred on Arizona State Highway 85, two and one-half miles north of Lukeville, Arizona.

We have recently had occasion to consider another case involving a car that crossed the border at Lukeville. United States v. Kandlis et al., 9 Cir., 1970, 432 F.2d 132 . We there described in some detail the town of Lukeville, the surrounding area, the roads, the border and other features of the area. We do not repeat that description here, but we add a little to it. Highway 85 is the only road north from Lukeville. About one mile north from the border, a graded road called Puerto Blanco Drive takes off from…