United States v. Tina Carolyn Richards and Gay Linn Lewis

598 F.2d 463, 1979 U.S. App. LEXIS 13341

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 9, 1979
• Docket: 78-5717
• Status: Published

Opinion

PER CURIAM.

This is a border search case. Appellants argue that the marijuana found in their car was inadmissible at their trial because it was seized in an illegal search. The trial court found that there was probable cause for the search. It also held that the government had authority to search the car even without probable cause because the search was conducted at the Sarita checkpoint, the functional equivalent of the border. See U. S. v. Bender, 588 F.2d 200, 201 (5th Cir. 1979) and U. S. v. Clay, 581 F.2d 1190, 1192-93 (5th Cir. 1978). We have studied the record and conclude the evidence was legally admitted.

AFFIRMED.