Legal Opinion

United States v. Nick Victor Bergera, United States of America v. David Lynn Mitchell

Court of Appeals for the Ninth Circuit

Decided June 25, 1975No. 72-2913 and 72-3049PublishedCited by 26 opinions

1Opinion of the Court

OPINION

WILLIAM D. MURRAY, District Judge:

On November 10, 1971, a Volkswagen bus, imported from Rotterdam, Holland, was unladen at Pier 9, San Francisco, California. The bus was given a routine Customs examination with the aid of a dog trained to detect marijuana. The dog indicated that marijuana was concealed behind the right and left rear quarter panels. The substance was analyzed and found to be marijuana.

The bus was kept under continuous surveillance by Customs officers from November 10 through November 18, 1971.

On November 12, 1971, at approximately 4:20 P.M. the bus was picked up by a…

2Cases cited5 opinions

  1. Speiser v. RandallSupreme Court of the United States · 1958
  2. Bruce A. Campbell v. United States District Court for the Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1974
  3. Holiday v. JohnstonSupreme Court of the United States · 1941
  4. Wingo v. WeddingSupreme Court of the United States · 1974
  5. United States v. Ernest T. PageCourt of Appeals for the Ninth Circuit · 1962

3Cited by26 opinions

  1. Donald Milton Orand v. United StatesCourt of Appeals for the Ninth Circuit · 1979
  2. McDonnell Douglas Corporation v. Commodore Business MacHines Inc. And Commodore Business MacHines (Canada) LimitedCourt of Appeals for the Ninth Circuit · 1981
  3. United States v. Errol F. Remsing and Jerry H. DefoorCourt of Appeals for the Ninth Circuit · 1989
  4. United States v. Michael Gary Whitmire and Donald John WilliamsCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. Jeffery Todd Marshall and Louis James SterrenbergCourt of Appeals for the Fifth Circuit · 1980

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