United States v. Michael Walter Markham

Michael Walter Markham appeals his conviction for transportation and concealment of 280 pounds of marijuana in violation of 21 U.S.C. § 176a. On appeal, he contends that the marijuana in question was secured by federal agents as the result of an illegal search and seizure in violation of his rights under the Fourth Amendment. We disagree and affirm.

I. THE OPERATIVE FACTS..

At 1:30 a. m. on March 7, 1970, two Douglas, Arizona, police officers observed a yellow 1969 Dodge driving along a dirt road (see Appendix A) which parallels Pan American Avenue about four blocks from the Mexican border. The driver (not the appellant herein) was the sole occupant.

The car proceeded north on the dirt road to Pan American Avenue, then proceeded north and made a right turn at 13th Street, another right turn at G Street and a third right turn at 12th Street. The car then turned left, back onto Pan American Avenue, and headed south toward the border.

Police surveillance continued until the car turned right at 9th Street. A deputy sheriff stationed there was in radio contact with the city police and agreed to continue the surveillance. The officers were reluctant to follow the vehicle down 9th…