United States v. Elizandro Bravo Garcia

Appellant Garcia was stopped at the Sari-ta, Texas border checkpoint by a border patrol agent. While questioning Garcia about his citizenship, the agent thought he smelled marijuana. The agent asked Garcia to open the trunk of the car and found marijuana inside it.

Garcia argues on appeal that the trial court erroneously denied his motion to suppress the marijuana as illegally seized evidence. Garcia concedes that Sarita is the functional equivalent of a border, as held in United States v. Reyna, 572 F.2d 515 (5th Cir. 1978). See Moreno v. United States, 579 F.2d 371 (5th Cir. 1978), cert.…