United States v. Rand Albert Solmes, United States of America v. Brian Alan Taylor

Solmes and Taylor appeal their convictions of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). The single question raised in this appeal is whether the search of a boat as it was being hauled out of Mission Bay in San Diego was in violation of the Fourth Amendment. The district court found that it was not and we agree and affirm.

Solmes and Taylor were observed about 9:00 a. m. by a customs agent while they were on board a 24-foot white Thunderbird boat in Mission Bay, San Diego, California, taking on extra fuel. He observed them put out to sea and head towards Mexican waters at 25-30 knots. Upon inquiry of the marina operator, he found out that they had taken on 115 gallons of gasoline, of which 50 gallons went into a rubber bladder tank inside the craft. Solmes and Taylor had advised that they were taking some women to the Coronado Islands, which are within Mexican waters. The customs agent knew that there were no women aboard as the boat put out to sea.

That afternoon, a customs plane was dispatched to search and observed what appeared to be the same boat anchored off Puerto Santo Tomás, Mexico, 80 miles south of San Diego.

The…