United States v. Joel Vital-Padilla, United States of America v. Simon Contreras-Cuevas, United States of America v. Rene Felix Lopez

Appellants were convicted in a jury trial of conspiracy to smuggle and transport aliens, and of smuggling and transporting aliens not lawfully entitled to enter or to reside in the United States.

Two cars traveling in tandem on De-Luz Canyon Road about sixty miles from the Mexican-U.S. border were stopped by border patrol agents and the aliens were found in the cars. We conclude that the stop of both cars was based upon a founded suspicion. Absent a founded suspicion the stop would have been illegal under Almeida-Sanchez v. United States, 1973, 413 U.S. 266 , 93 S.Ct. 2535 , 37 L.Ed.2d 596 and United States v. Pel-tier, 9 Cir., 1974, in banc, 500 F.2d 985 . We also conclude that the stop produced probable cause to arrest all three defendants.

1. Founded Suspicion.

Stated in a light most favorable to the government, the trial judge having found that there was a founded suspi cion justifying the stop, these are the facts.

On May 4, 1973, two Border Patrol Agents were stationed on an abandoned side road 200 feet back from and forty feet above and overlooking DeLuz Canyon Road. That road leaves Highway 395, a main road from the south, near Fallbrook, which is four or five…