United States v. Alfredo MacIas Valenzuela

Saving his right to appeal the court’s refusal to suppress the marijuana found in his car, Alfredo Valenzuela went to trial on stipulated facts, and now appeals the resulting judgment of conviction.

The evidence was found by city police officers. Valenzuela contends that the search was illegal under California law and that the evidence would have been suppressed in a California court. He then argues that under United States v. Di Re, 332 U.S. 581 , 68 S.Ct. 222 , 92 L.Ed. 210 (1948), he is entitled to have the evidence suppressed in a federal court, even though the same evidence, if discovered by federal officers, would have been admissible.

While some of the force of Valenzuela’s argument is diluted by our recent en banc decision in United States v. Hall, 543 F.2d 1229 (9th Cir. 1976), we need not decide what the result might be if the search of Valenzuela’s automobile had been legal under federal law but illegal under California law. The search was based upon probable cause, and was legal under state law.

An automobile can be searched if there is probable cause to believe that it contains contraband and if there are exigent circumstances that make it impossible or impractical…