United States v. John Grady Howle

537 F.2d 1302, 1976 U.S. App. LEXIS 7301

Opinion

PER CURIAM:

In this appeal from his conviction for possession of 119 pounds of marihuana, John Grady Howie contends only that the Border Patrol had no probable cause to stop his pickup truck at a permanent checkpoint near Falfurrias, Texas, some fifty-five miles from the Mexican border. 1 The Supreme Court has recently held, however, that any automobile may be stopped at such checkpoints even in the absence of reasonable suspicion. United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d - (1976). Inasmuch as Howie does not contend that the Border Patrol lacked probable cause to search his truck once it had been stopped at the checkpoint, the District Judge did not err in denying appellant’s motion to suppress the evidence seized. See United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623 (1975).

AFFIRMED.

1 . See United State v. Torres, 5 Cir., 1976, 537 F.2d 1300; United States v. Dimas, 5 Cir., 1976, 537 F.2d 1301.