Opinion · Court of Appeals for the Fifth Circuit

United States v. John Grady Howle

United States v. John Grady Howle, 537 F.2d 1302 (5th Cir. 1976)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1976-09-01
Topic
international-arbitration

PER CURIAM: In this appeal from his conviction for possession of 119 pounds of marihuana, John Grady Howie contends only that the Border Patrol had no probable cause to stop his pickup truck at a permanent checkpoint near Falfurrias, Texas, some fifty-five miles from the Mexican border. 1 The Supreme Court has recently held, however, that any automobile may be stopped at such checkpoints even in the absence of reasonable suspicion. United States v. Martinez-Fuerte, - U.S. -, 96 S.Ct. 3074, 49 L.Ed.2d - (1976). Inasmuch as Howie does not contend that the Border Patrol lacked probable cause to search his truck once it had been stopped at the checkpoint, the District Judge did not err in denying appellant’s motion to suppress the evidence seized. See United States v.

Citator

UpLaw has not yet analyzed United States v. John Grady Howle. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
UNITED STATES v. HOWLE,537 F.2d 1302(5th Cir. 1976)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. JOHN GRADY HOWLE,
DEFENDANT-APPELLANT.
No. 76-1485.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
September 1, 1976.
Rehearing Denied October 15, 1976.
Daniel V. Alfaro, Corpus Christi, Tex., for defendant-appellant.Page 1303

Edward B. McDonough, Jr., U.S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Robert A. Berg, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before AINSWORTH, CLARK and RONEY, Circuit Judges.
PER CURIAM:
[1] In this appeal from his conviction for possession of 119 pounds of marihuana, John Grady Howle contends only that the Border Patrol had no probable cause to stop his pickup truck at a permanent checkpoint near Falfurrias, Texas, some fifty-five miles from the Mexican border.1The Supreme Court has recently held, however, that any automobile may be stopped at such checkpoints even in the absence of reasonable suspicion.United States v. Martinez-Fuerte,___ U.S. ___,96 S.Ct. 3074, 49 L.Ed.2d ___ (1976). Inasmuch as Howle does not contend that the Border Patrol lacked probable cause to search his truck once it had been stopped at the checkpoint, the District Judge did not err in denying appellant's motion to suppress the evidence seized.See United States v. Ortiz,422 U.S. 891,95 S.Ct. 2585,45 L.Ed.2d 623(1975).

[2] AFFIRMED.
  1. Rule 18, 5 Cir.;see Isbell Enterprises, Inc. v. CitizensCasualty Company of New York, et al.,5 Cir., 1970,431 F.2d 409, Part I. ↩
  2. See United States v. Torres,5 Cir., 1976,537 F.2d 1300:United States v. Dimas,5 Cir., 1976,537 F.2d 1301. ↩