UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
INEZ LUZ BALDERAS, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
INEZ LUZ BALDERAS, DEFENDANT-APPELLANT
597 F.2d 67
Court of Appeals for the Fifth Circuit (1979)
Opinion of the Court
PER CURIAM:
Appellant was stopped at the Sarita, Texas, permanent checkpoint, which is the functional equivalent of the border. United States v. Reyna, 572 F. 2d 515 (CA5, 1978); United States v. Olivera, 582 F. 2d 24 (CA5, 1978); United States v. Clay, 581 F. 2d 1190 (CA5, 1978); United States v. Moreno, 579 F. 2d 371 (CA5, 1978); United States v. Torres, 590 F. 2d 156 (CA5, 1979). Although neither probable cause nor reasonable suspicion was required, the Border Patrol agent smelled marijuana coming from appellant’s truck while questioning appellant about his citizenship. Thereafter appellant’s pickup was searched and a load of marijuana discovered.
There is no merit to the argument that the Border Patrol agent was deprived of power to carry out his function because, before he approached appellant’s vehicle, a state trooper at the checkpoint had checked appellant’s driver’s license and inquired about car ownership papers.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Leonel Reyna, 572 F.2d 515 (5th Cir. 1978)
- United States v. Clay, 581 F.2d 1190 (5th Cir. 1978)
- United States v. Elvia Escamilla Moreno, 579 F.2d 371 (5th Cir. 1978)
- United States v. Torres, 590 F.2d 156 (5th Cir. 1979)
- United States v. Olivera, 582 F.2d 24 (5th Cir. 1978)