United States v. Jose Rodriguez Santibanez

Fifth Circuit

United States v. Jose Rodriguez Santibanez

517 F.2d 922, 1975 U.S. App. LEXIS 13186

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 11, 1975

Docket74-3382

StatusPublished

Cited by25 cases

This text of 517 F.2d 922 (United States v. Jose Rodriguez Santibanez) 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. Jose Rodriguez Santibanez, 517 F.2d 922, 1975 U.S. App. LEXIS 13186 (5th Cir. 1975).

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Opinion

PER CURIAM:

Santibanez was stopped for an immigration check at the La Gloria checkpoint. While interrogating Santibanez concerning his citizenship the immigration officer smelled the odor of marijuana coming from the interior of the vehicle. His assistant thereupon opened the rear door of the station wagon and found 240 pounds of marijuana. Santibanez moved to suppress this evidence. The motion was denied. Santibanez was found guilty of possession of marijuana with the intent to distribute. He appeals, contending that the search and seizure were illegal. We affirm.

We find no constitutional dereliction in stopping vehicles at this permanent checkpoint for the purpose of determining the occupant’s citizenship. Such a stop is considerably less intrusive than a search, Terry v. Ohio, 1968, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. Cf. United States v. Ortiz, 422 U.S. -, 95 S.Ct. 2585, 45 L.Ed.2d 623, 43 L.W. 5026 (June 30, 1975). 1

The odor of marijuana emanating from the vehicle’s interior gave the immigration officer probable cause to then conduct the search. The motion to suppress the evidence was thus properly denied.

Affirmed.

1

. The question here presented was expressly reserved by the Supreme Court in Ortiz.

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PER CURIAM:

Santibanez was stopped for an immigration check at the La Gloria checkpoint. While interrogating Santibanez concerning his citizenship the immigration officer smelled the odor of marijuana coming from the interior of the vehicle. His assistant thereupon opened the rear door of the station wagon and found 240 pounds of marijuana. Santibanez moved to suppress this evidence. The motion was denied. Santibanez was found guilty of possession of marijuana with the intent to distribute. He appeals, contending that the search and seizure were illegal. We affirm.

We find no constitutional dereliction in stopping vehicles at this permanent checkpoint for the purpose of determining the occupant’s citizenship. Such a stop is considerably less intrusive than a search, Terry v. Ohio, 1968, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. Cf. United States v. Ortiz, 422 U.S. -, 95 S.Ct. 2585, 45 L.Ed.2d 623, 43 L.W. 5026 (June 30, 1975). 1

The odor of marijuana emanating from the vehicle’s interior gave the immigration officer probable cause to then conduct the search. The motion to suppress the evidence was thus properly denied.

Affirmed.

1

. The question here presented was expressly reserved by the Supreme Court in Ortiz.

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517 F.2d 922, 1975 U.S. App. LEXIS 13186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jose-rodriguez-santibanez-ca5-1975.

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