United States v. Richard W. Emens, John L. Ribando, United States of America v. Dennis William Latter

The defendants, Richard Emens, John Ribando and Dennis Latter, were each convicted of one count of conspiracy to import and possess, with intent to distribute, marijuana. Emens and Ribando were also each convicted of one count of possession of marijuana with intent to distribute. The district court, following an evidentiary hearing, originally granted the defendants’ motions to suppress evidence, and dismissed the indictment. The court then denied a Government motion to reconsider, stating that it lacked jurisdiction to reconsider its order suppressing the evidence since it had already dismissed the indictment. The Government appealed this ruling to this court which reversed, holding that the district court did have such jurisdiction. This court then remanded the case to the district court for reconsideration.

Following reconsideration and based upon further evidence, the district court reversed its original decision and denied the defendants’ motions to suppress. The defendants each waived trial by jury and were found guilty after a court trial on stipulated facts. These appeals followed.

Facts

In late December, 1975, a Newport Beach boat salesman reported to the U. S. Customs…