Legal Opinion

United States v. Oscar Smith and Rene Rodriguez Villarreal

Court of Appeals for the Fifth Circuit

Decided July 11, 1979No. 77-5067PublishedCited by 14 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

Defendants appeal from convictions of possession of 30 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). The issue is the validity of the arrests of the defendants and the searches of two automobiles, each occupied by one of the defendants. We hold that the arrests and searches were invalid and reverse the convictions.

November 10, 1975, Agent Lofstrum of the Drug Enforcement Administration (DEA), presumably stationed at Brownsville, Texas, received from his supervisor an unsigned letter containing the following information:

Heroin in large amounts packed into…

2Cases cited14 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. Draper v. United StatesSupreme Court of the United States · 1959
  4. United States v. Charles Demetrios BrandCourt of Appeals for the Fifth Circuit · 1977
  5. United States v. Leonor Amanda Afanador and Blanca Nubia Vidal-GarciaCourt of Appeals for the Fifth Circuit · 1978

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

3Cited by14 opinions

  1. United States v. Orson G. White, United States of America v. Lawrence AndersonCourt of Appeals for the D.C. Circuit · 1981
  2. United States v. John Terrance Garcia, Phillip G. JackmanCourt of Appeals for the Eleventh Circuit · 1982
  3. State v. GomezIdaho Supreme Court · 1980
  4. State v. MartinConnecticut Appellate Court · 1984
  5. United States v. Maximo Avila-Dominguez, Albert Perez, Evangeline Salazar and Carolyn SanchezCourt of Appeals for the Fifth Circuit · 1980

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

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