United States v. Felipe Lopez, Jr.

GOLDBERG, Judge:

Appellant Lopez complains that the roving border patrol stop of his vehicle violated the fourth amendment. We agree that the district court should have granted his motion to suppress and reverse his conviction for possession of marijuana with intent to distribute. 21 U.S.C. § 841(a)(1).

Two border patrol agents were driving south on Highway 16 when they stopped for the red light at the intersection of Highway 359. Reference to the map printed as footnote two of this Court’s opinion in United States v. Shields, 534 F.2d 605, 607 n. 2 (5th Cir. 1976), reveals that this…