UNITED STATES v. REYNA

No. 76-1898.

563 F.2d 1169 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Leonel REYNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 28, 1977.


Attorney(s) appearing for the Case

Ramon Garcia, Edinburg, Tex., for defendant-appellant.

James R. Gough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, District Judge.


MORGAN, Circuit Judge:

At issue in this case is whether a search of a vehicle occurring at a permanent checkpoint at Sarita, Texas, resulting in the seizure of marijuana violated appellants' fourth amendment rights under the Constitution. In order to decide this ultimate issue, it is necessary to determine whether the Sarita checkpoint is the functional equivalent of the border for search purposes. Because the record lacks sufficient facts from which a determination...

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