United States v. Inez Luz Balderas

Fifth Circuit

United States v. Inez Luz Balderas

597 F.2d 67, 1979 U.S. App. LEXIS 13936

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 15, 1979

Docket78-5710

StatusPublished

This text of 597 F.2d 67 (United States v. Inez Luz Balderas) 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. Inez Luz Balderas, 597 F.2d 67, 1979 U.S. App. LEXIS 13936 (5th Cir. 1979).

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Opinion

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.

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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.

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597 F.2d 67, 1979 U.S. App. LEXIS 13936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-inez-luz-balderas-ca5-1979.

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