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UNITED STATES v. MELENDEZ-GONZALEZ

No. 83-1378.

727 F.2d 407 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Arnaldo MELENDEZ-GONZALEZ, a/k/a Lebrado Mendoza-Martinez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 1984.

Attorney(s) appearing for the Case

Robert Ramos, Federal Public Defender, R. Clark Adams, Asst. Federal Public Defender, El Paso, Tex., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, REAVLEY, and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This appeal is by Arnaldo Melendez-Gonzalez, convicted after a bench trial of possession with intent to distribute marihuana in violation of 21 U.S.C. § 841(a)(1). It poses the sole question whether the stop and search of his automobile violated the Fourth Amendment. After carefully reviewing the circumstances surrounding the stop, we conclude that the roving border patrol agents lacked sufficient cause to justify the warrantless...

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