United States v. Baca

OPINION

TURRENTINE, District Judge.

On June 21, 1973, the United States Supreme Court ruled in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973) that a “roving search” of an automobile, without a warrant and without probable cause, when not a border search, or the functional equivalent thereof, violated the Fourth Amendment to the United States Constitution. Thereafter, the Ninth Circuit remanded cases to this and other districts for “consideration of the impact of Almeida-Sanchez. . . . ” E. g. United States v. Cuellar Baca, Slip No. 73-2048 (Sept. 10, 1973).…