United States v. Michael D. Jacobson and David Van Bodegraven
Opinion
Opinion
Thompson, J.
We have for consideration an appeal from an order of the district court granting defendants’ motion to suppress evidence. This court has jurisdiction pursuant to 18 U.S.C. § 3731 .
The district court made thorough findings of fact which are supported by substantial evidence. Perhaps the issue may best be highlighted by first reciting the facts as found by that court.
FACTS
In early 1980 United States Customs began an investigation into large scale parrot smuggling from Mexico into the United States. Specifically, the investigation would be directed at the activities of defendant Jacobson who operated a pet store on West Ajo Way in Tucson. Customs enlisted Mr. Gustavo Preciado to act as an informant in the investigation. The informant was dispatched to the interior of Mexico. On April 20,1980, the informant called Customs agents and informed them that a large quantity of parrots were going to be shipped from Ruiz, Mayarit, Mexico, to Hermosillo, Sonora, Mexico, for eventual smuggling into the United States at Nogales.
On April 28, 1980, in Nogales, Sonora, Mexico, the informant was present at a meeting between defendants Beatriz Quintero De Fajardo, Cosme Guerrero-Ibar-ra and…