United States v. Eliseo Andrade

Fifth Circuit

United States v. Eliseo Andrade

545 F.2d 1032, 1977 U.S. App. LEXIS 10380

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 24, 1977

Docket76-2329

StatusPublished

Cited by9 cases

This text of 545 F.2d 1032 (United States v. Eliseo Andrade) 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. Eliseo Andrade, 545 F.2d 1032, 1977 U.S. App. LEXIS 10380 (5th Cir. 1977).

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Opinion

PER CURIAM:

Appellant’s vehicle was stopped for routine determination of citizenship at the permanent Border Patrol checkpoint 7 miles south of Falfurrias, Texas. During that questioning, the Border Patrolman noticed a strong odor of marihuana emanating from the vehicle. A search revealed 225 pounds of marihuana in the trunk.

This Court has previously held the checkpoint seven miles south of Falfurrias to be a permanent one. United States v. McCrary, 5 Cir. 1976, 543 F.2d 554; United States v. Garza, 5 Cir. 1976, 539 F.2d 381, 382; United States v. Cantu, 5 Cir. 1974, 504 F.2d 387, 389. Stopping vehicles at a permanent Border Patrol checkpoint to inquire into the occupants’ citizenship does not offend the Fourth Amendment or require á judicial warrant. Sifuentes v. United States, aff’d sub nom. United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). A search at a permanent checkpoint is valid, if, after stopping the vehicle, the Border Patrolman finds probable cause for the search. United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623 (1975); United States v. Santibanez, 5 Cir. 1975, 517 F.2d 922. The odor of marihuana emanating from appellant’s vehicle gave the officer probable cause to detain appellant and search his car. United States v. McCrary, supra; United States v. Kidd, 5 Cir. 1976, 540 F.2d 210; United States v. Garza, supra; United States v. Torres, 5 Cir. 1976, 537 F.2d 1299.

In conformity with the requirements established by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have carefully considered this cause in its entirety, and conclude that there is no arguable merit in the appeal. It is therefore ordered that the motion filed by Kenneth L. Yarbrough for leave to withdraw as court-appointed counsel for appellant is GRANTED, and the appeal is DISMISSED. See Local Rule 20. See also United States v. Minor, 5 Cir. 1971, 444 F.2d 521 and United States v. Crawford, 5 Cir. 1971, 446 F.2d 1085.

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PER CURIAM:

Appellant’s vehicle was stopped for routine determination of citizenship at the permanent Border Patrol checkpoint 7 miles south of Falfurrias, Texas. During that questioning, the Border Patrolman noticed a strong odor of marihuana emanating from the vehicle. A search revealed 225 pounds of marihuana in the trunk.

This Court has previously held the checkpoint seven miles south of Falfurrias to be a permanent one. United States v. McCrary, 5 Cir. 1976, 543 F.2d 554; United States v. Garza, 5 Cir. 1976, 539 F.2d 381, 382; United States v. Cantu, 5 Cir. 1974, 504 F.2d 387, 389. Stopping vehicles at a permanent Border Patrol checkpoint to inquire into the occupants’ citizenship does not offend the Fourth Amendment or require á judicial warrant. Sifuentes v. United States, aff’d sub nom. United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). A search at a permanent checkpoint is valid, if, after stopping the vehicle, the Border Patrolman finds probable cause for the search. United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623 (1975); United States v. Santibanez, 5 Cir. 1975, 517 F.2d 922. The odor of marihuana emanating from appellant’s vehicle gave the officer probable cause to detain appellant and search his car. United States v. McCrary, supra; United States v. Kidd, 5 Cir. 1976, 540 F.2d 210; United States v. Garza, supra; United States v. Torres, 5 Cir. 1976, 537 F.2d 1299.

In conformity with the requirements established by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have carefully considered this cause in its entirety, and conclude that there is no arguable merit in the appeal. It is therefore ordered that the motion filed by Kenneth L. Yarbrough for leave to withdraw as court-appointed counsel for appellant is GRANTED, and the appeal is DISMISSED. See Local Rule 20. See also United States v. Minor, 5 Cir. 1971, 444 F.2d 521 and United States v. Crawford, 5 Cir. 1971, 446 F.2d 1085.

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545 F.2d 1032, 1977 U.S. App. LEXIS 10380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eliseo-andrade-ca5-1977.

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