U.S. v. BENGIVENGA

No. 86-2394.

811 F.2d 853 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Dangerfield BENGIVENGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 23, 1987.


Attorney(s) appearing for the Case

Frank M. Garza, Canales & Associates, Corpus Christi, Tex., for defendant-appellant.

Henry K. Oncken, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG and GEE, Circuit Judges.


GEE, Circuit Judge:

Mary Dangerfield Bengivenga challenges the introduction of evidence the police elicited from her before giving Miranda warnings. Because we find the police had probable cause to arrest Ms. Bengivenga before they questioned her, we reverse her conviction and order the tainted evidence suppressed.

Ms. Bengivenga's present tribulations began one night shortly after midnight at the border checkpoint seven miles south of Falfurrias, Texas...

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