United States v. Havier
Opinion of the Court
MEMORANDUM
Quentin Havier pleaded guilty to one count of possession with intent to distribute marijuana, 21 U.S.C. § 841(a)(1), preserving his right to challenge the district court’s denial of his motion to suppress. On appeal, he renews his challenge to the constitutionality of the stop and search of his vehicle by immigration officers at a temporary checkpoint. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
There is no dispute that brief checkpoint stops conducted by immigration officers are seizures within the meaning of the Fourth Amendment. See United States v. Martinez-Fuerte, 428 U.S. 543, 556, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). The Supreme Court held, however, that such seizures are constitutional, even absent reasonable suspicion, given the public interest in policing the entry of illegal aliens and the minimal intrusion on privacy
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Quentin Lee HAVIER
- Status
- Published