United States v. Ronald Joe Tilton, United States of America v. Bobbie Joe Tilton

The Tiltons appeal their convictions of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The question before us concerns the legality of a search of a boat as it was removed from an ocean-connected bay. We remand.

On June 1, 1974, at the Shelter Island boat launching area in San Diego Bay, three persons were observed by a Customs Patrol officer towing a 23-foot Slickcraft boat and trailer with a pickup truck. They launched the boat about 3:00 p. m. The pickup, with only one occupant, and trailer were later seen leaving Shelter Island and were followed approximately six miles.

The Customs Patrol officer’s attention had earlier been drawn to this particular boat because it was a very fast ocean-going motorboat capable of overnight trips to Mexico and of a type commonly used for smuggling. The agents had received a report that a boat of the same type had been seen heading north in Mexican waters at night but that it had evaded the observers’ attempts to get close enough for an identification. The agents had learned that a slip was rented for the boat in the Shelter Cove Marina in San Diego Bay where it was usually…