United States v. Victoria Link Hernandez, United States of America v. Katie Laretta Smith

Appellants Smith and Hernandez appeal their convictions under 8 U.S.C. § 1324 (a)(2) (1982) of conspiracy to transport illegal aliens and aiding and abetting the transportation of illegal aliens. They contend that the district court should have suppressed evidence that military policemen discovered when they stopped appellants’ vehicle at a temporary checkpoint inside Camp Pendleton, California. The issue presented is a narrow one: whether a stop conducted at a clearly visible temporary checkpoint pursuant to a routine inspection of all vehicles for illegal aliens on a military base is an unreasonable seizure under the fourth amendment. We conclude that no unreasonable seizure occurred and that the district court properly denied the suppression motion. This result is compelled by the United States Supreme Court decisions .in United States v. Martinez-Fuerte, 428 U.S. 543 , 96 S.Ct. 3074 , 49 L.Ed.2d 1116 (1976), and Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979).

FACTS

Camp Pendleton is a Marine base located forty miles north of San Diego. Interstate 5, a major highway leading from the Mexican border, passes on an easement through Camp Pendleton. The…