United States v. Aurelio Lopez-Ortiz, John David Kopp and Danny Ray Poston

BELL, Circuit Judge:

The question in this case as to all three defendants, Kopp, Poston and Lopez-Ortiz, arises from their assertion of error in the denial of a motion to suppress approximately 539 pounds of marijuana seized at the time of their arrests. As will be explained, disposition of this issue turns on whether the arrests were supported by probable cause. As to defendant Lopez-Ortiz, there is the additional question of sufficiency of the evidence to justify his conviction.

The defendants were convicted on a two-count indictment charging in the first count a violation of 21 U.S.C.A. §…