United States v. Carnes James Blackstock

Blackstock, while driving an International Scout car west on Highway 80 just outside of Douglas, Arizona, was stopped by a United States Customs Agent who found marijuana in the vehicle. Blackstock was charged, tried by the court and convicted of concealing and transporting marijuana in violation of 21 U.S.C. § 176a. On appeal, Black-stock contends that his motion to suppress the marijuana seized by the customs agent should have been granted.

*909 We hold that the motion was correctly-denied and affirm the conviction.

Customs agent Harold Boldin was the only witness at the hearing on the motion to suppress. He testified that on May 26, 1970, he had a conversation with Officer Boggs of the Douglas Police Department. Boggs told Boldin that on May 25 he had seen Blackstock in Agua Prieta, Mexico, adjacent to Douglas. Blackstock had taken a blue Valiant taxicab to a particular location in Agua Prieta where he viewed what appeared to Boggs to be a display of several packages of marijuana on the hood of an International Scout. Boggs described Blackstock and related the color of the Scout but not the year or license number. Boggs had requested a lookout on the Scout at the Douglas port…

(dissenting):

I respectfully dissent. Our court has previously written in language too clear to be misinterpreted that a United States Customs Agent must have probable cause to stop and search a vehicle for contraband in a non-border search situation. United States v. Jackson, 423 F.2d 506 , 507 n. 2 (9th Cir.), cert. denied, 400 U.S. 823 , 91 S.Ct. 44 , 27 L.Ed.2d 57 (1970). See also United States v. Almeida Sanchez, 452 F.2d 459, 461 (9th Cir. 1971) (Browning, J., dissenting). Customs agents, unlike local or state police, are not “general guardians of the public peace,” Jackson, supra at 508 , and their powers are expressly limited by statute. See 19 U.S.C. §§ 482 , 1581; 26 U.S.C. § 7607 . See also United States v. Glaziou, 402 F.2d 8, 14 (2d Cir. 1968), cert. denied, 393 U.S. 1121 , 89 S.Ct. 999 , 22 L.Ed.2d 126 (1969); Alexander v. United States, 362 F.2d 379, 381-382 (9th Cir.), cert. denied, 385 U.S. 977 , 87 S.Ct. 519 , 17 L.Ed.2d 439 (1966).

The distinctions between the present case and those relied upon by the majority are, I think, quite patent. Wilson v. Porter involved investigatory detention by California police officers, not *912 United States Customs Agents, and…

451 F.2d 908 UNITED STATES of America, Plaintiff-Appellee, v. Carnes James BLACKSTOCK, Defendant-Appellant. No. 26697. United States Court of Appeals, Ninth Circuit. Nov. 9, 1971. Rehearing Denied Dec. 13, 1971. Ronald W. Sommer (argued), Tucson, Ariz., for defendant-appellant. Patricia Whitehead, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Ann Bowen, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee. Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge. * DUNIWAY, Circuit Judge: 1 Blackstock, while driving an International Scout car west on Highway 80 just outside of Douglas, Arizona, was stopped by a United States Customs Agent who found marijuana in the vehicle. Blackstock was charged, tried by the court and convicted of concealing and transporting marijuana in violation of 21 U.S.C. Sec. 176a. On appeal, Blackstock contends that his motion to suppress the marijuana seized by the customs agent should have been granted. We hold that the motion was correctly denied and affirm the conviction. 2 Customs agent Harold Boldin was the only witness at the hearing on the motion to suppress. He testified that on May 26, 1970, he had a conversation with…