United States v. Jesus Rivera-Marquez

This appeal from a conviction of illegal importation of cocaine challenges the validity of a border search and the constitutionality of a lifetime parole given under 21 U.S.C. § 841 (b)(1)(A).

Acting upon an informer’s tip that a man named Jesse or Jesus Rivera would be bringing hard narcotics across the international border at San Ysidro, on the day the informer had indicated, border patrol agents subjected four men named Rivera to intensive pat-down searches. The defendant was the fourth Rivera patted down that day. In their palpation of Rivera’s body, the officers detected a large, anomalous lump in the genital area. This discovery led to a search which revealed a condom containing 197 grams of cocaine nestled in a fabric pouch worn by Rivera in addition to his undershorts.

After his court trial and conviction, Rivera was sentenced to a prison term to be followed by the challenged lifetime parole period.

I.

We find no constitutional flaw in the search. Rivera’s claim that the pat-down search should be examined by “strip search” standards is frivolous. See United States v. Chase, 503 F.2d 571, 574 (9th Cir. 1974). And the informer’s tip, including as it did the name…