United States v. Francisco Bustamante-Gamez, United States of America v. Abelardo Garcia-Ramirez

Bustamante-Gamez and Garcia-Ramirez appeal from their convictions under 21 U.S.C. §§ 841 (a), 846, for possessing marijuana with intent to distribute and conspiring to commit that offense. They challenge only the district court’s denial of their motion to suppress certain evidence obtained as a result of an allegedly improper search. We affirm.

On August 9, 1972, Customs agents at the port of entry at San Ysidro, California, discovered 40 kilos of marijuana hidden in a compartment above the gas tank of a 1964 Pontiac station wagon which had been driven into the United States from Mexico. The driver said that he had been hired to deliver the car to a parking lot near the San Diego Zoo. The agents accompanied him to this location, and set up a watch.

A short time later the Pontiac was entered by two Mexican-appearing men, who drove it to the 11000 block of Calle Jalapa in San Diego and parked it on the street. A stake-out of this area was set up by the law enforcement officials, whose ranks had by now swelled to include five Customs agents and two San Diego police officers. Of necessity, they positioned themselves out of sight of the Pontiac. After a wait of some twenty…