United States v. Higinio Dominguez

Fifth Circuit

United States v. Higinio Dominguez

592 F.2d 915, 1979 U.S. App. LEXIS 15554

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 9, 1979

Docket78-5564

StatusPublished

This text of 592 F.2d 915 (United States v. Higinio Dominguez) 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. Higinio Dominguez, 592 F.2d 915, 1979 U.S. App. LEXIS 15554 (5th Cir. 1979).

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Opinion

PER CURIAM:

Appellant Higinio Dominguez was convicted of possession of 266 pounds of marijuana with intent to distribute. The marijuana was discovered in a truck he was driving which was stopped and searched at the Sarita, Texas permanent checkpoint. The sole issue on appeal is whether Sarita is properly considered a functional equivalent of the border at which searches may be made without probable cause. A number of recent decisions in this circuit hold that the Sarita checkpoint properly qualifies as a functional equivalent of the border. See, e. g., United States v. Bender, 5 Cir., 1979, 588 F.2d 200; United States v. Clay, 5 Cir., 1978, 581 F.2d 1190; United States v. Reyna, 5 Cir., 1978, 572 F.2d 515. We are bound by those panel opinions and thus reject appellant’s contention that the search of his truck was violative of the fourth amendment because conducted without probable cause. We therefore affirm his conviction.

AFFIRMED.

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PER CURIAM:

Appellant Higinio Dominguez was convicted of possession of 266 pounds of marijuana with intent to distribute. The marijuana was discovered in a truck he was driving which was stopped and searched at the Sarita, Texas permanent checkpoint. The sole issue on appeal is whether Sarita is properly considered a functional equivalent of the border at which searches may be made without probable cause. A number of recent decisions in this circuit hold that the Sarita checkpoint properly qualifies as a functional equivalent of the border. See, e. g., United States v. Bender, 5 Cir., 1979, 588 F.2d 200; United States v. Clay, 5 Cir., 1978, 581 F.2d 1190; United States v. Reyna, 5 Cir., 1978, 572 F.2d 515. We are bound by those panel opinions and thus reject appellant’s contention that the search of his truck was violative of the fourth amendment because conducted without probable cause. We therefore affirm his conviction.

AFFIRMED.

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592 F.2d 915, 1979 U.S. App. LEXIS 15554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-higinio-dominguez-ca5-1979.

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