United States v. Jesus Perez, United States of America v. Benjamin Asuncion Marquez, United States of America v. Solomon De La Garza-Garza

This is the second appeal in this case. In its prior decision, this court held that the warrantless search of a truck in which appellants smuggled heroin from Mexico was not within the exceptions to the warrant requirement for extended border searches or consent, but remanded for a finding by the district court as to whether these particular defendants had a reasonable expectation of privacy in the gas tank where the heroin was found. United States v. Perez, 644 F.2d 1299 (9th Cir. 1981). The issue on this appeal is whether the district court erred in finding that they had no such expectation.

On October 17, 1979, Perez entered the United States at Nogales, Arizona. Perez and de la Garza were suspected of smuggling drugs from Mexico, and were listed as individuals worthy of attention when crossing the border.

When Perez left the port of entry, a customs officer followed him. Perez met Marquez and de la Garza at a bar in No-gales. The next morning, Perez stayed in Nogales while Marquez and de la Garza walked into Mexico. They returned a few hours later, and met Perez at the bar. That evening, they were joined by a man named Sanchez. After they talked, Sanchez returned to Mexico.…