United States v. Abigail Rivera Cantu and Criselda Garza Bryant

Fifth Circuit

United States v. Abigail Rivera Cantu and Criselda Garza Bryant

548 F.2d 1243, 1977 U.S. App. LEXIS 14235

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 18, 1977

Docket76-1785

StatusPublished

Cited by4 cases

This text of 548 F.2d 1243 (United States v. Abigail Rivera Cantu and Criselda Garza Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Abigail Rivera Cantu and Criselda Garza Bryant, 548 F.2d 1243, 1977 U.S. App. LEXIS 14235 (5th Cir. 1977).

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Opinion

*1244 PER CURIAM:

Defendants were stopped for a citizenship check at the permanent checkpoint near Falfurrias, Texas. During the questioning, the Border Patrol officer noticed a suspicious configuration of the quilt covering the rear seat of their vehicle and detected the odor of marijuana. A search of the vehicle revealed approximately 200 pounds of marijuana in the back seat and trunk.

Stopping a vehicle at a permanent checkpoint to determine citizenship does not offend the Fourth Amendment. United States v. Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). The visual observations and odor detected gave the officer probable cause to search defendants’ car. United States v. Torres, 537 F.2d 1299 (5th Cir. 1976).

Defendants made incriminating statements after they had twice been advised of their constitutional rights, both in English and Spanish. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The district court conducted a hearing, pursuant to 18 U.S.C. § 3501 (1970), to determine the voluntariness of defendants’ statements and found that their statements were voluntary. Accordingly, the district court permitted testimony concerning the statements to be admitted as evidence to the jury. The jury was properly instructed on voluntariness as well as the applicability of 18 U.S.C. § 3501 (1970). The judgments of conviction and sentences appealed from are

AFFIRMED.

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*1244 PER CURIAM:

Defendants were stopped for a citizenship check at the permanent checkpoint near Falfurrias, Texas. During the questioning, the Border Patrol officer noticed a suspicious configuration of the quilt covering the rear seat of their vehicle and detected the odor of marijuana. A search of the vehicle revealed approximately 200 pounds of marijuana in the back seat and trunk.

Stopping a vehicle at a permanent checkpoint to determine citizenship does not offend the Fourth Amendment. United States v. Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). The visual observations and odor detected gave the officer probable cause to search defendants’ car. United States v. Torres, 537 F.2d 1299 (5th Cir. 1976).

Defendants made incriminating statements after they had twice been advised of their constitutional rights, both in English and Spanish. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The district court conducted a hearing, pursuant to 18 U.S.C. § 3501 (1970), to determine the voluntariness of defendants’ statements and found that their statements were voluntary. Accordingly, the district court permitted testimony concerning the statements to be admitted as evidence to the jury. The jury was properly instructed on voluntariness as well as the applicability of 18 U.S.C. § 3501 (1970). The judgments of conviction and sentences appealed from are

AFFIRMED.

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548 F.2d 1243, 1977 U.S. App. LEXIS 14235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-abigail-rivera-cantu-and-criselda-garza-bryant-ca5-1977.

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