United States v. Martinez-Fuerte

OPINION

DUNIWAY, Circuit Judge:

These consolidated appeals question the constitutionality of stops and immigration inspections, without probable cause or founded suspicion, of vehicles passing through the San Clemente traffic checkpoint, as operated by the United States Border Patrol under an inspection warrant issued by a United States magistrate. We hold that the warrant is invalid and that the checkpoint operations which it purports to authorize violate the Fourth Amendment of the Constitution.

I. The Facts.

A. The Three Appeals.

1. No. 74 — 2462, Martinez-Fuerte.

Martinez-Fuerte appeals from a…