United States v. Richard Ferber Connor

Richard F. Connor appeals his conviction in a trial by jury of conspiring to smuggle and transport, smuggling, and concealing and facilitating the transportation and concealment of illegally imported marijuana, all in violation of 21 U.S.C. § 176a. We affirm.

On May 12, 1971, appellant and Gilbert Miller were observed by border agents at Calexico, California, as two Mexicans handed Miller the key to a 1959 Pontiac, which was parked approximately ten feet from the Mexican border. Miller proceeded to drive the Pontiac toward San Diego. En route, he was overtaken by appellant in his Volkswagen. Both cars stopped at a rest area, where Customs officials observed both men visually inspect the interior of the Pontiac’s trunk. After leaving the rest area separately, the Pontiac was stopped, 320 pounds of marijuana was found in the trunk, and Miller was arrested. After the marijuana was discovered, appellant was also stopped and arrested. Marijuana debris was found in his shirt and pants pockets.

Appellant now renews his contention, first made to the District Court, that there was no probable cause to arrest Miller, that therefore the resulting search of the car and seizure of the…