UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOHN GRADY HOWLE, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
JOHN GRADY HOWLE, DEFENDANT-APPELLANT
537 F.2d 1302
Court of Appeals for the Fifth Circuit (1976)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM:
In this appeal from his conviction for possession of 119 pounds of marihuana, John Grady Howie contends only that the Border Patrol had no probable cause to stop his pickup truck at a permanent checkpoint near Falfurrias, Texas, some fifty-five miles from the Mexican border.1 The Supreme Court has recently held, however, that any automobile may be stopped at such checkpoints even in the absence of reasonable suspicion. United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d - (1976). Inasmuch as Howie does not contend that the Border Patrol lacked probable cause to search his truck once it had been stopped at the checkpoint, the District Judge did not err in denying appellant’s motion to suppress the evidence seized. See United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623 (1975).
AFFIRMED.
. See United State v. Torres, 5 Cir., 1976, 537 F. 2d 1300; United States v. Dimas, 5 Cir., 1976, 537 F. 2d 1301.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Adan Serna Torres, 537 F.2d 1299 (5th Cir. 1976)
-
United States v. Diaz, 541 F.2d 1165 (5th Cir. 1976)
-
United States v. Kidd, 540 F.2d 210 (5th Cir. 1976)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Martinez-Fuerte, 428 U.S. 543 (U.S. 1976)
- United States v. Ortiz, 422 U.S. 891 (U.S. 1975)
- United States v. Dimas, 537 F.2d 1301 (5th Cir. 1976)