United States v. Steve Kent Odneal, United States of America v. John Louis Ribando, George M. Challman Iii, and Harold Louis Bennett

Appellants were convicted for possessing with intent to distribute two tons of marihuana in violation of 21 U.S.C. § 841 (a)(1). The issue is whether the district court erred in denying appellants’ motion to suppress the marihuana found aboard a yacht by members of the Coast Guard and by a customs officer. We hold that detention of the yacht was justified and that probable cause emerging from the detention supported the subsequent search and seizure.

On the morning of June 2,1976, the United States Coast Guard Cutter Point Camden was anchored in Smuggler’s Cove off Santa Cruz Island, one of the Channel Islands located about 16 miles off the South ern California coastline. The Point Camden was under the command of Lieutenant Junior Grade Coddington. In addition to regular Coast Guard personnel, Customs Patrol Officer Elkins was aboard to assist the Coast Guard in the performance of its law enforcement duties. Coddington and El-kins had information that Smuggler’s Cove and the Anacapa Passageway area was a site for an increasing amount of smuggling. About 9:00 a. m. on June 2, 1976, cutter personnel saw a 51-foot, 2-masted sailing sloop traveling in a northerly direction through…