U.S. Court of Appeals for the Fifth Circuit, 1976

United States v. Lazaro C. Rodriguez

United States v. Lazaro C. Rodriguez
U.S. Court of Appeals for the Fifth Circuit · Decided August 16, 1976 · Thornberry, Clark, Tjoflat
537 F.2d 120 (Federal Reporter, Second Series)

United States v. Lazaro C. Rodriguez

Opinion

PER CURIAM:

In a trial before the Court without a jury, appellant was convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. 841(a)(1). The sole question on appeal is the legality of the search of appellant’s truck by a Border Patrol officer (which revealed 810 lbs of marijuana in a large metal box) at a Border Patrol checkpoint near Sarita, Texas. The District Court found that the checkpoint was the functional equivalent of the border and, further, that the officer had probable cause to search. There is ample evidence in the record to support these findings; and, further, the circumstances were sufficiently exigent to justify a search without a warrant. The conviction is AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.