United States v. Laura Elena Esquer-Rivera, United States of America v. Anacleto Nava-Bibayoff

Laura Elena Esquer-Rivera and Añá-dete Nava-Bibayoff appeal their convictions for conspiring to possess and possessing with intent to distribute 101 pounds of marijuana. The evidence of these violations was discovered during a search of their vehicle at a temporary immigration checkpoint. The appellants contend that this search violated the Fourth Amendment and that the evidence should have been suppressed. We agree, and reverse their convictions.

On the evening of August 26, 1973, a car containing Esquer-Rivera and Nava-Bibayoff was stopped at the Border Patrol’s temporary immigration checkpoint on Interstate 8, west of Oco-tillo, California. After detecting the odor of marijuana emanating from the vehicle, a border-patrol agent searched the car and found marijuana concealed under clothing on the rear floorboard, A later search revealed more marijuana hidden in a specially built compartment under the back seat and over the rear axle of the vehicle.

In United States v. Bowen, 500 F.2d 960 (9th Cir., 1974) (en banc), this court held that under the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266 , 93 S.Ct. 2535 , 37 L.Ed.2d 596…