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UNITED STATES v. HEINRICH

No. 73-3245.

499 F.2d 95 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore HEINRICH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 14, 1974.

Attorney(s) appearing for the Case

Morris Sankary, San Diego, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Robert J. Perry, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and KOELSCH, Circuit Judges, and MURRAY, District Judge.

PER CURIAM:

Defendant appeals from a conviction of violating 21 U.S.C. § 841(a)(1) (possession with intent to distribute marijuana).

Defendant was stopped on July 29, 1973, at the Temecula checkpoint. Pursuant to that stop the marijuana was discovered.

We held in United States v. Bowen, 500 F.2d 960 (9th Cir. 1974), that such stops made after June 21, 1973, are unconstitutional when they do not occur at the functional...

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