United States v. Rodriguez Book Reviews
United States v. Rodriguez by United States Court of Appeals for the Fifth Circuit Book Summary
Rodriguez appeals from his conviction of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On February 3, 1976, appellant with his wife and child drove a car through the permanent immigration checkpoint at Falfurrias, Texas. A Border Patrol agent at the checkpoint discovered marijuana in the car's trunk. Rodriguez asserts on appeal the illegality of the agent's search and the insufficiency of the evidence that the prosecution presented to the jury regarding possession. We affirm. The agent could legally stop the automobile for brief citizenship questioning at the Falfurrias permanent checkpoint, even in the absence of reasonable suspicion. See United States v. Martinez-Fuerte, 428 U.S. 543, 96 S. Ct. 3074, 49 L. Ed. 2d 1116 (1976); United States v. McCrary, 543 F.2d 554 (5th Cir. 1976); United States v. Diaz, 541 F.2d 1165 (5th Cir. 1976); United States v. Torres, 537 F.2d 1299 (5th Cir. 1976). While he had stopped appellant at the checkpoint, the agent detected a strong odor of marijuana coming from the car. Thereupon the Border Patrol agent had probable cause to search the automobile and legally proceeded to do so. See, e.g., United States v. Diaz, supra, 541 F.2d at 1166; United States v. McCrary, supra.
Book Name | United States v. Rodriguez |
Genre | Law |
Author | United States Court of Appeals for the Fifth Circuit |
Published | 21 July 1977, Thursday |
Language | English |
E-Book Size | 55.18 KB |
United States v. Rodriguez (United States Court of Appeals for the Fifth Circuit) Book Reviews 2024
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Download Link | Book Format |
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Summary of United States v. Rodriguez by United States Court of Appeals for the Fifth Circuit
The United States v. Rodriguez book written by United States Court of Appeals for the Fifth Circuit was published on 21 July 1977, Thursday in the Law category. A total of 156 readers of the book gave the book 0 points out of 5.
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