United States v. John Doe, (Juvenile)

Caution
701 F.2d 819·1983 U.S. App. LEXIS 29590
United States Court of Appeals for the Ninth CircuitMarch 17, 198382-1406California2,458 words

Opinion

Opinion

Boochever, J.

Appellant Doe was adjudged a juvenile delinquent for knowingly and willfully transporting illegal aliens from Mexico into the United States. He appeals the adjudication on two bases: alleged violations of the Federal Juvenile Delinquency Act (the “Act”) and a Fourth Amendment claim. We affirm.

Facts

On April 28, 1982, at about 11:00 p.m., Border Patrol Agent Justice noticed Doe’s vehicle, a 1973 Plymouth, driving southbound in San Onofre State Park. This is a route used by illegal aliens to walk around the San Clemente checkpoint. Agent Justice saw two occupants in the car and noticed the car was riding high. A few minutes later he saw the same car returning northbound on the same road. The car was riding low and contained two or three occupants. He radioed this information to fellow agents.

Responding agents observed Doe’s vehicle, and noticed that the car appeared heavily laden and that the male driver and female passenger appeared extremely nervous. Doe pulled away when the agents’ car approached. The agents caught up to his car and turned on their red lights. Doe disregarded the signal and continued to speed up the highway. Finally, he crashed into a concrete wall, tried to…

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