United States v. Dennis James Bates

The government appeals an order granting defendant Bates’ motion to suppress evidence, claiming the evidence was obtained pursuant to a valid border search and upon probable cause to arrest Bates and search his vehicle. We reverse the granting of the motion because we find the officers acted upon probable cause to arrest and search.

The facts are not disputed. On the night of January 21, 1975, a customs officer watching the border observed a car drive into a deserted parking lot at Rancho La Puerta, a warehouse located in California about a quarter-mile from the Mexican border. The officer knew that the customary method of smuggling in this area involved leaving contraband at the warehouse for later pick-up and transportation further into the United States.

The officer broadcast a description of the car when it left the parking lot 30 seconds later. It was then spotted by a second officer who learned via radio that the car was a rental from San Diego. This second officer followed the ear which eventually headed east, but lost track of it and radioed back to the first officer that the car had apparently made a U-turn.

Subsequently, the car returned to the parking lot of…