United States v. Terry James Pierre and Otis Harris, III

W. EUGENE DAVIS, Circuit Judge:

Otis Harris and Terry Pierre appeal their convictions for possession of cocaine with intent to distribute and for conspiracy to commit the same offense. A panel of this court concluded that the district court erred in denying Harris’ motion to suppress evidence found in a consent search of luggage at a fixed checkpoint in Sierra Blanca, Texas. Based on this determination, the panel reversed Harris' convictions. After en banc briefing and argument, we conclude that even if the checkpoint agent conducted a search, the search was not unreasonable.

The panel also…