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U.S. v. ROBERTS

No. 00-20781.

274 F.3d 1007 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. William Douglas ROBERTS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 4, 2001.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attys., Houston, TX, Mitchel Neurock (argued), Laredo, TX, for Plaintiff-Appellee.

Kent A. Schaffer, Steven Jeffrey Lieberman (argued), Bires & Schaffer, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BARKSDALE and STEWART, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Our analysis turns on whether the Fourth Amendment permits a non-routine, outbound search at the functional equivalent of the border, when Customs Agents reasonably suspect a traveler is smuggling contraband. William Douglas Roberts, convicted of possession and interstate transportation of child pornography, appeals the denial of his motion to suppress, claiming that diskettes containing child pornography seized during a warrantless...

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