UNITED STATES v. DE WITT

No. 77-5474 Summary Calendar.

569 F.2d 1338 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Dennis DE WITT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1978.


Attorney(s) appearing for the Case

Charles L. Barrera, Alice, Tex. (court-appointed), for defendant-appellant.

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

Before THORNBERRY, GODBOLD, and RUBIN, Circuit Judges.


PER CURIAM.

Raymond De Witt was convicted of possession of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), after border patrol agents stopped and searched his car and discovered marijuana. He contests the legality of the stop and search.

A roving border patrol agent may, without probable cause, stop a vehicle and briefly question the occupants if the officer reasonably suspects that the vehicle contains illegal aliens, U.S. v. Brignoni...

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