United States v. Michael Thomas Barnett, United States of America v. James Earsel Craigo
Opinion
Opinion
Canby, J.
Michael Barnett and James Craigo appeal the denial of their motion to suppress evidence obtained as a result of a search at an immigration checkpoint, resulting in the seizure of illegal drugs and a firearm. We affirm.
PACTS
Barnett and Craigo were travelling North on Interstate Highway 15 in a GMC Blazer when they were stopped at the permanent immigration checkpoint in Temecu-la, California. Temecula is approximately 70 miles inland from the United States— Mexican border. The Border Patrol agent on duty at the time testified that he stopped the vehicle because he noticed that the passenger seat was in a reclining position, and he wanted to see whether it was occupied. He asked Barnett, the driver, to roll down his window, which Barnett did. Craigo was in the reclining seat. The agent asked Barnett where they were coming from and travelling to. Barnett responded that they were travelling to Oklahoma, but he either could not remember or was unable to pronounce their point of departure. He turned for assistance to Craigo. Craigo said, and Barnett repeated to the Agent, “Encinitas,” which is in the United States. Some reference was also made to San Diego.