United States v. Jerry Ellsworth Jones, United States of America v. Roger P. Lund

The appellants, in a trial without jury, were convicted of possessing 842 pounds of marijuana with intent to distribute the same, a violation of 21 U.S.C. § 841 (a)(1). The marijuana was discovered by customs agents in a cabin of a 23-foot Thunderbird motorboat. The suspicion of the customs agents had been aroused before the boat had put out to sea. They observed the boat as it returned and as the appellant loaded it upon a trailer connected to a van. After following the van and trailer for about 20 miles, the officers made their detention and search.

The only contention here made is that the search disclosing the marijuana was unlawful and that the substance should, as incriminating evidence, have been suppressed.

The Government argues that the search was lawful as an extended border search under 19 U.S.C. § 1581 (a). This section purports to empower customs officials to go on board and search “at any time” any vessel “in the United States or within the Customs waters . . . .” and 19 U.S.C. § 1401 (m) defines “Customs waters”, as to an American vessel, as “the waters within 4 leagues [12 marine miles] of the coast of the United States.” We reject this argument. Strict…