United States v. Enriqe Manuel Vivero, and Guadalupe Yanez Monje

The record before us involves two appeals — appellants were jointly indicted and convicted of the violation of 21 U.S. C. § 841(a) (1) — the possession with intent to distribute a “controlled substance”, i. e., 225 kilograms of marijuana. A certain parked and unattended truck was searched by Customs officers without a warrant, and marijuana was found in two concealed compartments. Later, the truck was driven by Monje, and thereafter the marijuana was transferred to a Ford, driven by Vivero.

The two appellants raise different alleged errors on their appeals.

I. FACTS.

Appellant Monje had driven the truck from where it was originally parked and searched in Guatay, California, 25 miles north of Tecate (a city on the Mexican border in San Diego County, California), to Corona, California, and then to Paramount, California, a distance of 150 miles, where Monje left it.

An hour later Vivero drove a Ford to the truck. Monje got out of the Ford, entered and drove the truck (followed by the Ford with Vivero driving) to 663 113th Street, Los Angeles, California. Both vehicles entered the yard of that residence. Thirty minutes later Vivero drove the Ford out of the yard and driveway, and…