UNITED STATES v. CALVILLO

No. 75-3539.

537 F.2d 158 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Cecilio CALVILLO, Andrew Clifton Payne and Roy Lee Burke, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1976.


Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex., for Calvillo.

John A. Nuckolls, Atlanta, Ga., for Payne and Burke.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Rene J. Gonzalez, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

The dispositive issue in this direct criminal appeal is the legality of a search conducted by Border Patrol agents at a traffic checkpoint on Highway 59 between Laredo and Freer, Texas. To sustain the search, the government was required to show either that 1) the Freer checkpoint was the functional equivalent of the border, or 2) probable cause for the search. United States v. Ortiz, 422 U.S. 891, 95 S.Ct...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases