Opinion
Argued March 21, 1972
Decided April 26, 1972
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN V. HOGAN, J.
William M. Kunstler and Everett M. Barlow for appellants.
Aldo L. DiFlorio, District Attorney ( Shavasp Hanesian of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division denying the motion to suppress should be affirmed upon the ground that defendants have failed to demonstrate that the marijuana found in their automobile during the course of a border search must be declared inadmissible as the product of an unconstitutional search.
Border searches need not be based on probable cause and customs officials are privileged to stop and examine any vehicle, person or baggage entering the United States (see, e.g., Carroll
Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.
Order affirmed in a memorandum.