United States v. Anthony Ruiz Del Vizo

We must determine the constitutionality of a warrantless arrest of Anthony Ruiz Del Vizo and of a variety of subsequent searches. Because we conclude that there was probable cause for appellant’s arrest, we affirm the district court’s judgment of conviction for two narcotics offenses.

I

In August 1988, relying on a confidential informant’s tip, officers of the Torrance Police Department began surveillance of a house at 23302 Anza in Torrance, California., Police continued this surveillance from September 1 through September 6, 1988.

On September 3, 1988, officers followed Julio Balmaceda as he drove from the Anza address to various Western Union offices. The officers observed Balmaceda driving in a “counter-surveillance” manner — he would quickly pull over to the curb and allow cars to pass, he made U-turns, and he circled the neighborhood.

On September 6, 1988, officers observed Manuel Suastegui meet with Balmaceda inside the Anza residence. Officers followed Suastegui as he drove away from the house in a red Ford Bronco. Approximately five miles away, officers observed Anthony Ruiz Del Vizo driving a Plymouth Voyager van. Del Vizo and Suastegui began driving in tandem.…