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U.S. v. JACKSON

Nos. 86-1226, 86-1381.

825 F.2d 853 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Charles JACKSON, and Anthony Wayne Browning, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Michael RYAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied October 1, 1987.

Attorney(s) appearing for the Case

Roddy L. Harrison, Pecos, Tex., for Jackson.

Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for Browning.

Sidney Powell, LeRoy Morgan Jahn, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for U.S.

Charles Louis Roberts, Joseph (SIB) Abraham, Jr., El Paso, Tex., for Ryan.

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges.

REAVLEY, Circuit Judge:

The purpose of this en banc rehearing is to reconsider Fifth Circuit precedent deeming a checkpoint on an interstate highway at Sierra Blanca to be a "functional equivalent of the border." Appellants' drug law violations were discovered by full searches of their automobiles at this checkpoint. In one case capsules of a controlled substance were found in a cosmetics case in the car trunk; in the other case cocaine was found in a suitcase in...

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