United States v. Ismael Perez-Esparza
Opinion
Opinion
Wallace, J.
Based upon stipulated facts before a district judge, Perez-Esparza was convicted of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). He appeals, asserting that denial of his motion to suppress evidence was reversible error. We agree and reverse.
I
On November 6, 1978, an informer, who had previously supplied Drug Enforcement Administration (DEA) agents with reliable information on 20 to 25 separate occasions, advised DEA agents that a beige 1971 Ford, with California license plates 787 — WAX, was being used to smuggle narcotics into the United States from Mexico. This information was entered into the border computer system. On November 9, 1978, the car entered the United States at a border crossing. Because of an error in the computer system the car was not stopped. This information was subsequently relayed to DEA agents who advised law enforcement agencies to watch for the vehicle.
The next morning, pursuant to the alert, the vehicle was stopped at the Border Patrol checkpoint at San Clemente, and was sent to a secondary inspection area. A Border Patrol agent took Perez-Esparza to an office to await the arrival of the DEA agents.