UNITED STATES v. MAXWELL

No. 77-2097.

565 F.2d 596 (1977)

UNITED STATES of America, Appellee, v. Larry Neil MAXWELL, Appellant.

United States Court of Appeals, Ninth Circuit.

December 5, 1977.


Attorney(s) appearing for the Case

Jerald W. Newton (argued), Los Angeles, Cal., for appellant.

Daniel K. Green, Asst. U.S. Atty., (argued) on the brief, Terry J. Knoepp, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING and GOODWIN, Circuit Judges, and JAMESON, District Judge.


PER CURIAM:

The issue in this 21 U.S.C. § 841(a)(1) case is whether the border patrol had the right to stop Maxwell's automobile at a checkpoint on Highway S-22 in the El Centro Customs District of Southern California. If the stop was unlawful, we do not reach the issue of probable cause for the search.

For 25 years the border patrol had intermittently operated an immigration checkpoint on Highway S-22. The border patrol used two or three locations between...

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