Greathouse

MEMORANDUM *

Cletus Avery Greathouse (“Greathouse”) appeals the district court’s denial of his Motion to Suppress Evidence. Greathouse argues that the Border Patrol did not have probable cause to search the motor home he was driving and that all evidence discovered during that search, including , the 61 illegal aliens found in the motor home, should therefore be suppressed. We vacated the district court’s first denial of Greathouse’s motion and remanded due to the lack of factual findings. See United States v. Greathouse, 225 F.3d 664 (9th Cir.2000) (unpublished disposition). On remand, the district court again held an evidentiary hearing and again denied Greathouse’s motion. That denial is the subject of this appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The search at issue occurred at the Border Patrol’s fixed checkpoint near Pine Valley, California. Searches conducted at fixed border patrol checkpoints are constitutional only if justified “by consent or probable cause.” United States v. Martinez-Fuerte, 428 U.S. 543, 567 , 96 S.Ct. 3074 , 49 L.Ed.2d 1116 (1976). Neither party disputes that the motor home was “searched” without consent and that the…