United States v. Ruben Gonzales

Ruben Gonzales pleaded guilty conditionally to possession of marijuana -with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), reserving his claim that the evidence should have been suppressed. The only issue is whether the search of Gonzales’s bags during a routine bus sweep violated the Fourth Amendment. The briefing focuses on how to apply the recent United States Supreme Court decision in Florida v. Bostick, — U.S. -, 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991). The district court determined that the search was permissible, and we affirm.

I.Facts.

On May 3, 1991, Border Patrol Agent Jeffrey Self boarded a bus in Nogales, Arizona, approximately 500-700 yards from the Mexican border. He was investigating immigration status, not narcotics. The bus stopped at a red light, the driver let Self on, and then the bus continued on its way while Self spoke with passengers. The bus driver allowed the border patrolman to enter the bus because the bus company and the border patrol had an agreement that the border patrol could enter the buses and check for undocumented aliens. Another border patrolman drove behind the bus, to pick Self up when he was done. If passengers refused to…