No. 90-8273.

932 F.2d 377 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Terry James PIERRE and Otis Harris, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 21, 1991.

Attorney(s) appearing for the Case

Kenneth D. DeHart, Alpine, Tex., (court-appointed), for Pierre.

Charles Louis Roberts, El Paso, Tex., for Harris.

W.W. Torrey, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for the U.S.

Before RUBIN, POLITZ, and DUHÉ, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

We consider whether a border patrol agent conducted a search when he put his head inside a vehicle and, if so, whether the effect of the search was dissipated by the later consent of the driver to the opening of a suitcase found to contain cocaine. We reverse the driver's convictions for conspiracy and possession with intent to distribute, which rested on denial of his motion to suppress the content of the suitcase. As to the codefendant...

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