Legal Opinion
United States v. Efren Fontecha
Court of Appeals for the Fifth Circuit
Decided July 12, 1978No. 77-5673PublishedCited by 18 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
The critical question raised by this appeal is whether, in view of the circumstances present, the warrantless search of a suitcase located in the backseat of appellant’s automobile at a permanent Mexican border checkpoint violated the Fourth Amendment. We find that the record demonstrates that both probable cause and exi.gent circumstances were present and uphold the search. Affirmance of appellant’s conviction follows.
I. THE FACTS
At 3 a. m. on June 25, 1977, Royce Ha-good, an experienced United States Border Patrol Agent, and his partner were on duty at the permanent…
2Cases cited23 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Chambers v. MaroneySupreme Court of the United States · 1970
- United States v. Brignoni-PonceSupreme Court of the United States · 1975
- United States v. RobinsonSupreme Court of the United States · 1973
- United States v. ChadwickSupreme Court of the United States · 1977
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Dennis Michael Johnson, and Stephen Arthur BaldwinCourt of Appeals for the Fifth Circuit · 1979
- United States v. John Terrance Garcia, Phillip G. JackmanCourt of Appeals for the Eleventh Circuit · 1982
- United States v. Henry E. HerzbrunCourt of Appeals for the Eleventh Circuit · 1984
- United States v. Joseph Charles Milhollan, A/K/A Alec Leroy FoltzCourt of Appeals for the Third Circuit · 1979
- United States v. Isabel G. HernandezCourt of Appeals for the Fifth Circuit · 1987
13 more not listed; retrieve them via the Exa API.