United States v. Adolf Zubia-Sanchez

Appellant was convicted of nine violations of 8 U.S.C. § 1324 . He challenges the validity of the search and arrest which led to his conviction. We affirm.

An unidentified northbound motorist reported to Border Patrol Agent Gonzalez at the border patrol checkpoint on Interstate 5 north of Oceanside, California, that a 1957 station wagon had dropped off some people at a point on the highway south of the checkpoint.

Appellant arrived at the checkpoint-approximately one minute later. He was driving a green station wagon. Agent Gonzalez motioned him to the secondary checking area, inquired as to his citizenship, and told him he had been seen letting several people out of his automobile south of the checkpoint. Appellant stated that the people were hitchhikers and had asked to be let out there.

Agent Gonzalez turned appellant over to Agent Banzin. Agent Banzin again asked appellant if he had let people out of his automobile south of the checkpoint, and appellant again said that he had. Agent Banzin asked appellant to show him where he had discharged the passengers, and appellant agreed to do so.

Appellant drove Agent Banzin to the point on the highway where the people had been…