United States v. Gerardo Bueno-Vargas
Opinion
Opinion
Graber, J.
Does a customs agent’s statement of probable cause to detain an arrested person pending further proceedings, made under penalty of perjury and sent to a magistrate judge by facsimile (fax), satisfy the Fourth Amendment’s requirement of an “Oath or affirmation”? We answer that question “yes” and, accordingly, affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On a Friday morning, border officials stopped Defendant Gerardo Bueno-Vargas when he attempted to enter the United States by car from Mexico at the Calexico Port of Entry in Imperial County, California. Defendant’s car was referred to the secondary inspection area, where a detection dog alerted to the presence of drags. Customs Service agents searched the car and found 34 packages of cocaine, weighing a total of 49.95 kilograms, secreted in the quarter panels.
Defendant waived his Miranda rights and then admitted that he knew that there were “drugs” in the vehicle, although he denied knowing their type or quantity. Defendant also admitted that he had been promised $1,500 for driving the car from Mexicali, Mexico, to Calexico, California. Defendant was arrested and taken to the Imperial County jail.