United States v. A. C. Pacee

A. C. Pacee appeals his conviction of possession with an intent to distribute approximately 129 grams of heroin, in violation of 21 U.S.C. § 841 (a)(1). The only question is whether the evidence against appellant was obtained as a result of an illegal border detention. We hold that it was not, and affirm.

On September 11, 1976, at approximately 7:00 p. m., the appellant was stopped while entering the United States at the Calexico, California, Port of Entry, and directed to the secondary inspection area. Appellant’s person and vehicle were searched. Neither search produced any contraband. But, due to the appellant’s nervousness and a large amount of cash discovered on his person, the customs officers decided to keep the appellant under surveillance. The customs officers detained the appellant with questions until the patrol officers could be notified. After the patrol officers were in position the appellant was released. He left the Port of Entry at approximately 7:30 p. m.

The patrol officers kept appellant under surveillance for the next two days. During this time, appellant made several circuitous trips through the town of Calexico. He made four more trips between Calexico and…