UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
GILBERT SALAS RODRIGUEZ, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Border Patrol agent had probable cause to search the automobile and that the evidence was sufficient to prove constructive possession.
Defendant was stopped at a permanent immigration checkpoint where a Border Patrol agent discovered marijuana in the car's trunk. Defendant was convict…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probable Cause For Search Warrant cases and more on FLexlaw
[*278] PER CURIAM:
Rodriguez appeals from his conviction of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On February 3, 1976, appellant with his wife and child drove a car through the permanent immigration checkpoint at Falfurrias, Texas. A Border Patrol agent at the checkpoint discovered marijuana in the car’s trunk. Rodriguez asserts on appeal the illegality of the agent’s search and the insufficiency of the evidence that the prosecution presented to the jury regarding possession. We affirm.
The agent could legally stop the automobile for brief citizenship questioning at the Falfurrias permanent checkpoint, even in the absence of reasonable suspicion. See United States v. Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976); United States v. McCrary, 543 F. 2d 554 (5th Cir. 1976); United States v. Diaz, 541 F. 2d 1165 (5th Cir. 1976); United States v. Torres, 537 F. 2d 1299 (5th Cir. 1976). While he had stopped appellant at the checkpoint, the agent detected a strong odor of marijuana coming from the car. Thereupon the Border Patrol agent had probable cause to search the automobile and legally proceeded to do so. See, e.g., United States v. Diaz, supra, 541 F. 2d at 1166; United States v. McCrary, supra.
Second, the evidence was compelling that Rodriguez had exclusive dominion and control of the marijuana discovered in the trunk of the car. The evidence was sufficient for the jury to find appellant in constructive possession of the contraband. See United States v. Maspero, 496 F. 2d 1354 (5th Cir. 1974).
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Garcia, 672 F.2d 1349 (11th Cir. 1982)
-
United States v. del Aguila-Reyes, 722 F.2d 155 (5th Cir. 1983)
-
United States v. Elvia Escamilla Moreno, 579 F.2d 371 (5th Cir. 1978)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Martinez-Fuerte, 428 U.S. 543 (U.S. 1976)
- United States v. Maspero, 496 F.2d 1354 (5th Cir. 1974)
- United States v. Adan Serna Torres, 537 F.2d 1299 (5th Cir. 1976)
- United States v. Diaz, 541 F.2d 1165 (5th Cir. 1976)
- United States v. McCRARY, 543 F.2d 554 (5th Cir. 1976)