Legal Opinion

United States v. Heriberto Fernandez Monsisvais

Court of Appeals for the Tenth Circuit

Decided July 3, 1990No. 89-2187PublishedCited by 39 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

After filing an unsuccessful motion to suppress evidence, appellant Monsisvais entered a conditional guilty plea to possession of more than 100 kilograms of marijuana with intent to distribute. Mr. Monsisvais asserts on appeal that the discovery of the marijuana in his vehicle was the result of an illegal search and seizure.

I

On February 17, 1989, Bruce Goad, an agent with the United States Border Patrol, was operating a Border Patrol checkpoint station on northbound Interstate 25 near Truth or Consequences, New Mexico. Agent Goad testified that at approximately 7:30 p.m.…

2Cases cited8 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  4. United States v. Henry EspinosaCourt of Appeals for the Tenth Circuit · 1986
  5. United States v. Ethel Mae Merryman and Kenneth Darrell BrownCourt of Appeals for the Tenth Circuit · 1980

3 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. Heriberto Fernandez MonsisvaisCourt of Appeals for the Tenth Circuit · 1991
  2. United States v. ValenzuelaCourt of Appeals for the Tenth Circuit · 2004
  3. United States v. Gary Ray Barbee and Juanita Elizabeth Barbee, Also Known as Juanita Elizabeth Lopez-AyonCourt of Appeals for the Tenth Circuit · 1992
  4. United States v. Roberto Lopez-MartinezCourt of Appeals for the Tenth Circuit · 1994
  5. United States v. David Joe MartinCourt of Appeals for the Tenth Circuit · 1994

34 more not listed; retrieve them via the Exa API.

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