United States v. Mark R. Taylor

The government appeals the suppression of evidence discovered at a permanent U.S. Border Patrol checkpoint, established to detain motorists briefly for limited immigration-related inquiries. The district court held that a dual-purpose inspection by a U.S. Border Patrol agent, who had previously been cross-designated as an agent of the Drug Enforcement Agency (“DEA”) and U.S. Customs, violated the fourth amendment. We reverse.

Mark R. Taylor, the driver of the automobile, and two other passengers who are not parties to this appeal, were indicted on two counts: (1) conspiracy to possess about 880 grams of methamphetamine with the intent to distribute, and (2) possession of this controlled substance with the intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1988). The evidence leading to the indictment was found after the automobile was stopped by U.S. Border Patrol Agent Abel Aguilar at the permanent San Clemente checkpoint. The checkpoint is located 66 miles north of the Mexican border on Interstate 5, between San Diego and Los Angeles. The vehicle contained Taylor and two passengers.

Agent Aguilar, who was at the primary inspection point, referred the vehicle…