Opinion · Court of Appeals for the Fifth Circuit
United States v. Jose Rodriguez Santibanez
517 F.2d 922
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1975-08-11
- Topic
- general
PER CURIAM: Santibanez was stopped for an immigration check at the La Gloria checkpoint. While interrogating Santibanez concerning his citizenship the immigration officer smelled the odor of marijuana coming from the interior of the vehicle. His assistant thereupon opened the rear door of the station wagon and found 240 pounds of marijuana. Santibanez moved to suppress this evidence. The motion was denied.
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UNITED STATES v. SANTIBANEZ,517 F.2d 922(5th Cir. 1975)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. JOSE RODRIGUEZ SANTIBANEZ,
DEFENDANT-APPELLANT.
No. 74-3382.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
August 11, 1975.
Rehearing and Rehearing En Banc Denied September 23, 1975.
Anthony J. P. Farris, U.S. Atty., James R. Gough, Mary L. Sinderson, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
[2] We find no constitutional dereliction in stopping vehicles at this permanent checkpoint for the purpose of determining the occupant's citizenship. Such a stop is considerably less intrusive than a search, Terry v. Ohio, 1968,392 U.S. 1,88 S.Ct. 1968,20 L.Ed.2d 889.Cf.United States v. Ortiz, 422 U.S. ___,95 S.Ct. 2585,45 L.Ed.2d 623, 43 L.W. 5026 (June 30, 1975).1
[3] The odor of marijuana emanating from the vehicle's interior gave the immigration officer probable cause to then conduct the search. The motion to suppress the evidence was thus properly denied.
[4] Affirmed.Page 925
- Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970,431 F.2d 409, Part I. ↩
- The question here presented was expressly reserved by the Supreme Court inOrtiz. ↩