United States v. Arnulfo Salazar-Gaeta

Appellant raises three issues in this appeal, none of which appears meritorious. He first challenges the validity of the search of his automobile and person, and the admission at trial of the evidence discovered in the search. However, the facts contained in this record bring it within this Court’s decision in United States v. Markham, 440 F.2d 1119 (9th Cir. 1971), and United States v. Weil, 432 F.2d 1320 (9th Cir. 1970). In Markham , an automobile traveled south on a road which did not cross the border, but approached very closely to it.

In Weil , this Court stated:

The automobile here crossed the border, was searched and no contraband found. The vehicle was then aimlessly driven around Calexico, then 10-12 miles west to Anza Bridge, where a dirt road goes south one or two miles to the border, but does not cross it, although a person may there walk across.

After 10 minutes, the vehicle reappeared on the road parallel to the boundary line, and turned east toward Calexico. The rear end appeared heavy and was lower. The vehicle was then parked in Calexico, on the street, 5 blocks west and 6 blocks north of the Port of Entry. It was locked, and the driver crossed the border back…