United States v. Marvin Frederick Leazar and David Anthony Brown
Opinion
Opinion
Ely, J.
On June 7, 1970, Sergeant De La Ossa of the Nogales, Arizona police department noticed a black and white Chevrolet parked in the downtown area of No-gales. Later that day, while patrolling the same area, he observed two people approach the Chevrolet in a tan Oldsmobile. When the Oldsmobile stopped, the passenger, later identified as Leazar, got out, walked to the Chevrolet, climbed inside, and drove away. Sergeant De La Ossa could not identify the driver of the Oldsmobile.
Three days later, on June 10th, De La Ossa, while on patrol, saw that the Chevrolet had been parked in approximately the same location as before. Suspicious, he approached the Chevrolet to investigate. According to his testimony at trial, he specifically wished “to go and check it, to get a smell of it.” Upon reaching the car, De La Ossa detected a strong odor which he identified as that of marijuana. He therefore put •i the Chevrolet under surveillance. While (watching that car, he notified one of the local Customs Bureau officials, Agent ; Timilty, of his discovery.
After waiting approximately 90 minutes, De La Ossa saw a Ford, which he had not seen before, approach the Chevrolet along the same route that…