UNITED STATES v. FONTECHA

No. 77-5673.

576 F.2d 601 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Efren FONTECHA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 1978.


Attorney(s) appearing for the Case

Juan P. Gonzalez (Court-Appointed) Corpus Christi, Tex., for defendant-appellant.

J. A. Canales, U.S. Atty., John Potter, George A. Kelt, Jr., Asst. U.S. Attys., Houston, Tex., Robert A. Berg, Asst. U.S. Atty., Corpus Christi, Tex., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.


SIMPSON, Circuit Judge:

The critical question raised by this appeal is whether, in view of the circumstances present, the warrantless search of a suitcase located in the backseat of appellant's automobile at a permanent Mexican border checkpoint violated the Fourth Amendment. We find that the record demonstrates that both probable cause and exigent circumstances were present and uphold the search. Affirmance of appellant's conviction follows.

I. THE FACTS...

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