United States v. Arthur Fred Barela

MEMORANDUM ON REHEARING

Before MERRILL and TRASK, Circuit Judges, and FERGUSON,* District Judge.

On October 24, 1973, during the early morning hours, Arthur Barela was stopped at the Border Patrol checkpoint located at San Clemente, California. He was coming from the south. There was no probable cause and no consent for the search of his car trunk that uncovered about 53 pounds of marijuana.

The search was after the date of Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), decided by the Supreme Court on June 21,1973, but occurred at an established checkpoint…