United States v. Juan Manuel Rascon-Ortiz, and Edgar Rascon-Sotelo

BRORBY, Circuit Judge.

At a permanent border patrol checkpoint located near the United States-Mexico border, agents discovered thirty-eight pounds of marijuana hidden in the fuel tank of a vehicle driven by the Appellees, Juan Manual Ras-con-Ortiz and Edgar Rascon-Sotelo. Both men were indicted for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1), (b)(1)(D) and 18 U.S.C. § 2. The United States appeals the district court order granting the Appellees’ motion to suppress evidence obtained at the checkpoint. We reverse.

I. Background

The relevant facts are as…