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

United States v. Guadalupe Presas, Jr.

U.S. Court of Appeals for the Fifth Circuit · Decided December 6, 1976 · Godbold, Hill, Fay

543 F.2d 552 (Federal Reporter, Second Series)

Counsel

Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Charles S. Szekely, Jr., Asst. Federal Public Defenders, Houston, Tex., for defendant-appellant., Edward B. McDonough, Jr., U.S. Atty., James R. Gough, George A. Kelt, Jr., Robert A. Berg, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Albert Strong (5th Cir. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

In the recent case of Sifuentes v. United States, affirmed sub nom., United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976), the Supreme Court held that stops, as in the case at bar, for brief questioning routinely conducted at such permanent checkpoints as Sarita, Texas are consistent with the Fourth Amendment.

In this case as appellant’s automobile approached the point where the Border Patrolman was standing, the officer shined his flashlight on the front license plate and saw a marijuana brick hidden behind the grill of the car.

The sighting of the marijuana in the plain view of the officer clearly justified the seizure of the contraband and appellant’s conviction is

AFFIRMED.

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