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UNITED STATES v. VENEGAS-SAPIEN

No. 84-1882.

762 F.2d 417 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Hector VENEGAS-SAPIEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1985.

Attorney(s) appearing for the Case

Evelina Ortega, Fed. Public Defender, El Paso, Tex., for defendant-appellant.

Helen M. Eversberg, U.S. Atty., El Paso, Tex., Sidney Powell, Thomas J. McHugh, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before REAVLEY, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Hector Venegas-Sapien, convicted of transporting and conspiring to transport illegal aliens, argues that the United States Border Patrol violated the Fourth Amendment by stopping his truck at a temporary highway checkpoint without reasonable suspicion of criminal conduct, a stop he urges is analogous to one by a roving patrol. Guided by Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59...

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