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U.S. v. ZAPATA-IBARRA

No. 99-50156.

223 F.3d 281 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Eugenio ZAPATA-IBARRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 10, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch (argued), San Antonio, TX, for Defendant-Appellant.

Before GARWOOD, WIENER and DeMOSS, Circuit Judges.

WIENER, Circuit Judge, dissenting:

The majority opinion1 classifies this South Texas Fourth Amendment vehicle stop case as a "close one"—to which I would add "at best." The majority stacks one more opinion on the burgeoning body of jurisprudence that—at least figuratively—has engrafted onto the Fourth Amendment's proscription of unreasonable searches and seizures the caveat "except in proximity to our border with Mexico...

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