United States v. Guiseppe Barbera

OAKES, Circuit Judge:

This is a so-called “border search” case. On December 31, 1973, the appel-lee, Barbera, an Italian citizen who had entered the United States through Canada, was detained by a border patrol agent when he failed to respond to questions regarding his citizenship during a “roving patrol” of a bus at the depot in Malone, New York. 1 He was led from the bus in custody, and at the request of the border patrol agent, he produced his passport for examination. 2 It revealed that Barbera did not possess any valid travel documents. He was then formally arrested and charged under 8…