United States v. Charles Luddington, United States of America v. Joseph Ronald Nelums

CHARLES CLARK, Circuit Judge:

The United States Border Patrol maintains a permanent immigration checkpoint facility on Interstate Highway 10 near Sierra Blanca, Texas. In United States v. Hart, 506 F.2d 887, vacated and remanded, 422 U.S. 1053, 95 S.Ct. 2674, 45 L.Ed.2d 706, reaff’d 525 F.2d 1199 (5th Cir. 1976) (on remand), cert. denied 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226, this court held that the Sierra Blanca checkpoint was the “functional equivalent of the border,” thus authorizing the Border Patrol to conduct searches of vehicles traveling through the checkpoint without consent…