U.S. Court of Appeals for the Ninth Circuit, 1974

United States v. Thedore Heinrich

U.S. Court of Appeals for the Ninth Circuit · Decided June 14, 1974 · Merrill, Koelsch, Murray

499 F.2d 95 (Federal Reporter, Second Series)

Counsel

Morris Sankary, San Diego, Cal., for defendant-appellant., William D. Keller, U. S. Atty., Robert J. Perry, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Cases that cite this one

1 later published case cites this decision.

People v. Cummings (Cal. Ct. App. 1974)

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:

Defendant appeals from a conviction of violating 21 U.S.C. § 841(a)(1) (possession with intent to distribute marijuana).

Defendant was stopped on July 29, 1973, at the Temecula checkpoint. Pursuant to that stop the marijuana was discovered.

We held in United States v. Bowen, 500 F.2d 960 (9th Cir. 1974), that such stops made after June 21, 1973, are unconstitutional when they do not occur at the functional equivalent of the border.

The Temecula checkpoint is 72 miles north of the international boundary and is not the functional equivalent of a border.

The evidence discovered pursuant to the stop should have been suppressed.

Reversed.

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