United States v. Javier Vasquez-Guerrero

Vasquez-Guerrero was convicted of conspiracy to transport aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 and six counts of illegal transportation of aliens in violation of 8 U.S.C. § 1324 (a)(2). The only issue on appeal is whether the stop of his vehicle at the Oak Grove Border Patrol checkpoint during which the illegal aliens were discovered was constitutionally permissible. We affirm.

I

On February 13, 1974, Vasquez-Guerrero was stopped at the Oak Grove checkpoint. Four passengers of Mexican appearance were visible in his vehicle. Upon further examination, two more individuals were found in the trunk. When questioned, all six passengers admitted that they were Mexican aliens who had no legal right to be in the United States. They stated that they had made arrangements with Vasquez-Guerrero in Mexico to be transported to Los Angeles. Vasquez-Guerrero, after being arrested and advised of his rights, also gave a statement admitting his knowledge of and participation in the illegal transportation.

After a motion to suppress the evidence obtained from the aliens was denied, Vasquez-Guerrero was tried without a jury on stipulated facts and was found guilty on all…