U.S. Court of Appeals for the Fifth Circuit, 1979

United States v. Inez Luz Balderas

United States v. Inez Luz Balderas
U.S. Court of Appeals for the Fifth Circuit · Decided June 15, 1979 · Ainsworth, Godbold, Per Curiam, Vance
597 F.2d 67; 1979 U.S. App. LEXIS 13936 (Federal Reporter, Second Series)

United States v. Inez Luz Balderas

Opinion

PER CURIAM:

Appellant was stopped at the Sarita, Texas, permanent checkpoint, which is the functional equivalent of the border. United States v. Reyna, 572 F.2d 515 (CA5, 1978); United States v. Olivera, 582 F.2d 24 (CA5, 1978); United States v. Clay, 581 F.2d 1190 (CA5, 1978); United States v. Moreno, 579 F.2d 371 (CA5, 1978); United States v. Torres, 590 F.2d 156 (CA5, 1979). Although neither probable cause nor reasonable suspicion was required, the Border Patrol agent smelled marijuana coming from appellant’s truck while questioning appellant about his citizenship. Thereafter appellant’s pickup was searched and a load of marijuana discovered.

There is no merit to the argument that the Border Patrol agent was deprived of power to carry out his function because, before he approached appellant’s vehicle, a state trooper at the checkpoint had checked appellant’s driver’s license and inquired about car ownership papers.

AFFIRMED.

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