United States v. Frank Steve Legeza, Jr.

Defendant Frank Steve Legeza, Jr. and a passenger were stopped for a citizenship check at the permanent border checkpoint south of Falfurrias, Texas. A border patrol agent smelled marijuana, searched the car, and found in the trunk and behind the backseat pillowcases containing marijuana bricks totalling 99 pounds in weight. Defendant was arrested and convicted of possession of marijuana with intent to distribute. 21 U.S.C.A. § 841(a)(1).

This Court has repeatedly held that the Falfurrias checkpoint is permanent, that citizenship stops there do not offend the Fourth Amendment, and that the…