United States v. Patrick Henry Patterson, United States of America v. Walter William Lane

Good Law
492 F.2d 995·1974 U.S. App. LEXIS 9862
United States Court of Appeals for the Ninth CircuitFebruary 28, 197473-2911, 73-2912California1,361 words

Opinion

Opinion

Goodwin, J.

Patrick Henry Patterson and Walter William Lane appeal their convictions for possession of marijuana with intent to distribute. They assert that the marijuana seized from their vehicle should have been suppressed because the customs agents lacked probable cause or warrant for the search. We reject this argument and affirm their convictions.

On April 2, 1973, at approximately 8:15 p. m., the appellants entered the United States from Mexico at the Te-cate, California, point of entry. After their vehicle had been inspected by the immigration service, one of the appellants asked the inspecting officer for directions to San Diego and was told to continue north to Tecate Junction and then turn left on Highway 94.

Believing that the vehicle and its occupants might warrant further surveillance, one of the agents followed the appellants’ car north from the station. At Tecate Junction, the appellants turned right on Highway 94 rather than left to San Diego. Still followed by the agent, the appellants drove eight to ten miles east and then stopped at an outdoor telephone booth. Meanwhile, another agent had taken a position in the driveway of the Patterson Ranch (apparently no connection…

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