Opinion · Court of Appeals for the Fifth Circuit

United States v. Clay

United States v. Clay, 581 F.2d 1190 (5th Cir. 1978)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1978-10-13
Topic
general

GODBOLD, Circuit Judge: These cases are decided together because all have a common issue, whether a checkpoint on U.S. highway 77 approximately 14 miles south of Sarita, Texas, is the functional equivalent of the border. *1192 U. S. v. Clay, No. 78-5142 Appellant’s car was searched after it was stopped at a checkpoint on U.S. highway 77 approximately 14 miles south of Sarita, Texas. Evidence was obtained from the car on the basis of which appellant was convicted of possession of marijuana. The search was valid under the Fourth Amendment if the checkpoint is the functional equivalent of the border between the United States and Mexico.

Citator

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9 opinions