United States v. Samuel Ray Portillo, United States of America v. Rocky Albert Ruelas, United States of America v. Gilbert Adolph Portillo

We consider three separate appeals arising from the same set of facts, each from convictions of narcotic and marijuana violations under 21 U.S.C. § 841 (a)(1). The district court had jurisdiction under 18 U.S.C. § 3231 . Rocky Ruelas was found guilty by the court on evidence adduced on a motion to suppress which was stipulated to be controlling. Samuel Portillo was found guilty in a jury trial and Gilbert in a trial to the court.

At the hearing on the motion to suppress it was developed that on July 29, 1971, at approximately 8:00 p. m., Special Customs Agent Seaver reported for duty at the port of entry at Lukeville, Arizona. He was informed by Customs Inspector Felix that a man by the name of Samuel Portillo had just cleared the port of entry declaring a bottle of tequila and that his name was submitted to the computer (known as CADPIN) and the computer data center reported that the subject (Portillo) was a possible smuggler of contraband into the United States. Agent Seaver was also informed by Felix that the automobile was clean, the driver was the sole occupant and he was driving a 1969 Rambler Ambassador. Agent Seaver and another officer then decided to follow Portillo’s…