United States v. Ann Yvonne Morgan

OPINION

Ann Yvonne Morgan appeals her conviction for conspiring to possess and possessing with intent to distribute 389 pounds of marijuana. The evidence of these violations was discovered on September 26, 1972, during a search of her automobile at the Immigration and Naturalization Service’s San Onofre checkpoint near San Clemente, California.

In United States v. Bowen, 500 F.2d 960 (9th Cir., 1974) (en banc)-, this court held that under the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), searches by border patrol…