UNITED STATES v. BROM

No. 76-1062.

542 F.2d 281 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Cecil BROM, Roger Allen Hale, and Willard Timothy Moore, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1976.


Attorney(s) appearing for the Case

Brady S. Coleman, Austin, Tex., for defendants-appellants.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before AINSWORTH and RONEY, Circuit Judges, and ALLGOOD, District Judge.


RONEY, Circuit Judge:

Having been convicted of various crimes involving importation and possession of marijuana, these three defendants contend that the incriminating contraband was the product of a warrantless station wagon search not justified by probable cause or as a border search. The search involved two cars, only one of which was known to have crossed the border. We can pretermit a decision as to probable cause because the facts are sufficiently similar to...

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