Lino Rodriguez v. United States

BYRNE, District Judge:

On September 16, 1969, Lino Rodriguez entered the United States from Mexico at the Port of Entry, San Ysidro, California, driving a 1960 Oldsmobile. Customs Agent McClain asked him “of what country are you a citizen?” The appellant, Rodriguez, replied that he was a citizen of the United States.

When the trunk of appellant’s car was opened, McClain observed “an unexplainable space in there of about six inches that normally isn’t in an automobile behind the rear seat”. Further inspection revealed a man, later identified as Heliodoro Montes Acevedo.

Rodriguez was charged in…