United States v. Santos Rubalcava-Montoya, United States of America v. Antonio Serrato-Baltazar

In this case the Government failed to establish either the legality of a search or that certain key testimony procured in consequence of this illegal government activity was so attenuated from it as to be admissible. Application of the exclusionary rule requires that we reverse appellants’ convictions. Each appellant was convicted on one count of conspiracy to transport aliens, 18 U.S.C. § 371 ; 8 U.S.C. § 1324 , and on four counts of transportation of illegal aliens, 8 U.S.C. § 1324 (a)(2).

On June 29, 1977 one Ventura arrived at the San Clemente checkpoint driving a car containing five illegal aliens, all of whom were concealed in the trunk. Appellant Rubalcava was among those hidden there. Appellant Serrato was the registered owner of the vehicle, but he was not present during the events in question. Border patrol agents stopped the car at the checkpoint and directed Ventura to a secondary area. There Ventura was recognized by agent Slocumb, who had arrested Ventura for smuggling aliens through the same checkpoint two weeks earlier. Slocumb advised agent Foster of these facts, and Foster approached the car to speak with Ventura.

The record is meagre at this critical point.…