United States v. Winer

SPEARS, Chief Judge.

On July 19, 1968, Officers Appel and Gerusa of the United States Border Patrol were at a checkpoint located on Interstate Highway 35 about 2 miles south of Moore, Texas, routinely checking the nationality of occupants of automobiles *733arriving from the direction of the Mexican border. At about dusk the automobile, an Opel Kadett, driven by defendant Winer and carrying defendant Perillo, arrived at the checkpoint and stopped. While the automobile was stopped, and after some preliminary investigation, it was searched and there was found therein a plastic package containing…