Jose Luiz Ortiz-Barraza v. United States

The defendant has appealed from his conviction for violation of 21 U.S.C. §§ 952 (a), 960(a)(1) (1970), importation of one thousand eighty-one pounds of marijuana, and of 21 U.S.C. § 841 (a)(1) (1970), possession with intent to distribute the same marijuana. We affirm.

The two-count indictment was returned on January 24, 1974. After a plea of not-guilty, a motion to suppress evidence was filed by the defendant. Two hearings, one pre- and one post-trial, were held concerning the motion. On April 2, 1974, the motion to suppress was denied. Meanwhile, a trial to a jury had resulted in a guilty verdict on both counts. The district court entered judgment of conviction on April 2, 1974, and ordered the defendant committed. Notice of appeal was timely filed.

The only error asserted on appeal was the district court’s denial of the motion to suppress evidence. The defendant has urged that the search of his camper, in which the marijuana was discovered, was unlawful. In support of this proposition, it has been argued that the discovering tribal police officer acted in excess of his authority by conducting the search as part of an investigation of suspected state and federal law…