United States v. Thedore Heinrich

Ninth Circuit

United States v. Thedore Heinrich

499 F.2d 95

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 14, 1974

Docket73-3245

StatusPublished

Cited by1 cases

This text of 499 F.2d 95 (United States v. Thedore Heinrich) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Thedore Heinrich, 499 F.2d 95 (9th Cir. 1974).

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Opinion

PER CURIAM:

Defendant appeals from a conviction of violating 21 U.S.C. § 841(a)(1) (possession with intent to distribute marijuana).

Defendant was stopped on July 29, 1973, at the Temecula checkpoint. Pursuant to that stop the marijuana was discovered.

We held in United States v. Bowen, 500 F.2d 960 (9th Cir. 1974), that such stops made after June 21, 1973, are unconstitutional when they do not occur at the functional equivalent of the border.

The Temecula checkpoint is 72 miles north of the international boundary and is not the functional equivalent of a border.

The evidence discovered pursuant to the stop should have been suppressed.

Reversed.

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