United States v. Cecilio Armando Wilmot

Wilmot appeals from his conviction for importation of a controlled substance and possession with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 952, 960, and 963. He claims that the heroin seized from him and introduced into evidence after the denial of his motion to suppress was obtained as a result of an illegal search by customs officers. We disagree and affirm.

Wilmot entered into the United States from Mexico at the port of entry at Calexi-co, California. He was driving a 1970 Buick with Daly City, California license plate frames and was accompanied by a young woman. At the initial checkpoint, Wilmot and his companion were questioned by a customs inspector, as a result of which he ascertained that the couple had been in Mexico for only a short period of time. Applying a “profile,” the inspector referred the vehicle and its occupants to the secondary inspection area.

During the course of the secondary inspection, a second customs inspector attempted to give Wilmot a pat-down search to determine if he had a weapon. Wilmot declined to spread his legs. When the inspector attempted to spread them, Wilmot closed them. When the inspector finally was able to…