United States v. Martin Dennis Arrasmith

Martin Dennis Arrasmith appeals his conviction in a bench trial of possessing with intent to distribute 134 pounds of marijuana, 21 U.S.C. § 841(a)(1). On April 26,1976, a border patrol agent stopped Arrasmith at the permanent immigration checkpoint near Falfurrias, Texas. The agent smelled marijuana, searched Arrasmith’s car, and seized the evidence. The district court denied Arrasmith’s motion to suppress.

On appeal Arrasmith does not claim the search was illegal. At permanent checkpoints agents may make stops without probable cause or reasonable suspicion, United States v. Martinez-Fuerte,…