United States v. David Reyna

Fifth Circuit

United States v. David Reyna

546 F.2d 103, 1977 U.S. App. LEXIS 10292

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 28, 1977

Docket76-1490

StatusPublished

Cited by8 cases

This text of 546 F.2d 103 (United States v. David Reyna) 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.

Bluebook

United States v. David Reyna, 546 F.2d 103, 1977 U.S. App. LEXIS 10292 (5th Cir. 1977).

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Opinion

PER CURIAM:

Appellant was convicted by a jury of possession of 99 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The sole issue on appeal is whether the district court erred in denying appellant’s motion to suppress the contraband seized at the time of his arrest. It was alleged that the Border Patrol agent did not have probable cause to search appellant’s car.

The district court found that probable cause to search was established in this case by the discernible odor of air-freshener in the car, the nervousness of the passenger, and the unbelievable story told by the driver about the missing trunk key. See United States v. Medina, 5 Cir., 1976, 543 F.2d 553. These factors coupled with the agent’s ten years of experience in the field were *104 more than sufficient to establish probable cause.

Appellant’s conviction is AFFIRMED.

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PER CURIAM:

Appellant was convicted by a jury of possession of 99 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The sole issue on appeal is whether the district court erred in denying appellant’s motion to suppress the contraband seized at the time of his arrest. It was alleged that the Border Patrol agent did not have probable cause to search appellant’s car.

The district court found that probable cause to search was established in this case by the discernible odor of air-freshener in the car, the nervousness of the passenger, and the unbelievable story told by the driver about the missing trunk key. See United States v. Medina, 5 Cir., 1976, 543 F.2d 553. These factors coupled with the agent’s ten years of experience in the field were *104 more than sufficient to establish probable cause.

Appellant’s conviction is AFFIRMED.

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546 F.2d 103, 1977 U.S. App. LEXIS 10292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-reyna-ca5-1977.

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