United States v. Eliseo Andrade

Appellant’s vehicle was stopped for routine determination of citizenship at the permanent Border Patrol checkpoint 7 miles south of Falfurrias, Texas. During that questioning, the Border Patrolman noticed a strong odor of marihuana emanating from the vehicle. A search revealed 225 pounds of marihuana in the trunk.

This Court has previously held the checkpoint seven miles south of Falfurrias to be a permanent one. United States v. McCrary, 5 Cir. 1976, 543 F.2d 554; United States v. Garza, 5 Cir. 1976, 539 F.2d 381, 382; United States v. Cantu, 5 Cir. 1974, 504 F.2d 387, 389. Stopping vehicles…