United States v. Jose Rodriguez Santibanez

Santibanez was stopped for an immigration check at the La Gloria checkpoint. While interrogating Santibanez concerning his citizenship the immigration officer smelled the odor of marijuana coming from the interior of the vehicle. His assistant thereupon opened the rear door of the station wagon and found 240 pounds of marijuana. Santibanez moved to suppress this evidence. The motion was denied. Santibanez was found guilty of possession of marijuana with the intent to distribute. He appeals, contending that the search and seizure were illegal. We affirm.

We find no constitutional dereliction in…