United States v. Olivarez

527 F.2d 1174

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 27, 1976
• Docket: No. 75-2377
• Status: Published

Opinion

PER CURIAM:

This post-Almeida-Sanchez¹ case involving the Hebbronville Chekar device is reversed pursuant to the United States Supreme Court decisions in United States v. Ortiz, 1975, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623; and United States v. Brignoni-Ponce, 1975, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607.

We have summarily reversed a series of cases involving use of Chekar devices, including U. S. v. Thompson, 390 F.Supp. 337 (S.D.Tex., 1974), rev’d sub nom., U. S. v. Johnston, Aug. 5, 1975 (unpublished opinion), in which the District Court, fully analyzing the Chekar operation on Highway 1017 near Hebbronville, Texas, had considered it was a permanent checkpoint.

Reversed.

1 . Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596.