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

United States v. Olivarez

United States v. Olivarez
U.S. Court of Appeals for the Fifth Circuit · Decided February 27, 1976 · Brown, Gee, God
527 F.2d 1174 (Federal Reporter, Second Series)

United States v. Olivarez

Opinion of the Court

PER CURIAM:

This post-Almeida-Sanchez1 case involving the Hebbronville Chekar device *1175is 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including U. S. v. Thompson, 390 F.Supp. 337 (S.D.Tex., 1974), rev’d sub nom., U. S. v. Johnston, Aug. 5, 1975 (unpublished opinion), in which the District Court, fully analyzing the Chekar operation on Highway 1017 near Hebbronville, Texas, had considered it was a permanent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.

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

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