United States v. Jose Rodriguez Santibanez, 517 F.2d 922 (5th Cir. 1975). · Go Syfert
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United States v. Jose Rodriguez Santibanez, 517 F.2d 922 (5th Cir. 1975). Cases Citing This Book View Copy Cite
27 citation events across 3 distinct courts.
Strongest positive: United States v. Leonel Reyna, 563 F.2d 1169 (5th Cir. 1977)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
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At page 923 cited at this page4 citing cases
  • United States v. Leonel Reyna, 563 F.2d 1169 (5th Cir. 1977).published
    United States v. Santibanez, 517 F.2d 922, 923 (5th Cir. 1975).
  • Santos Angel Sosa, Jr., & Rolando Sosa v. United States, 550 F.2d 244 (5th Cir. 1977).published
    In contending that the search was based upon probable cause and in citing Santibanez , the Government was arguing for the established principle that an officer has probable cause to search when he smells the odor of marijuana, see United S…
  • United States v. Enrique Alvarez-Gonzalez, 542 F.2d 226 (5th Cir. 1976).published
    It is a permanent checkpoint, see United States v. Santibanez, 517 F.2d 922, 923 (5th Cir. 1975), a status that allows Border Patrol officers to stop vehicles at it for citizenship cheeks without probable cause, see United States v. Martin…
  • United States v. Enrique Alvarez-Gonzalez, 561 F.2d 620 (5th Cir. 1977).published 2 cites
    See United States v. Santibanez, 517 F.2d 922, 923 (5th Cir. 1975).
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Rodriguez SANTIBANEZ, Defendant-Appellant
74-3382.
Court of Appeals for the Fifth Circuit.
Aug 11, 1975.
Published opinion
517 F.2d 922
1975 U.S. App. LEXIS 13186
L. Aron Pena, Edinburg, Tex., for defendant-appellant., Anthony J. P. Farris, U. S. Atty., James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.
Gewin, Goldberg, Dyer.
Cited by 25 opinions  |  Published
PER CURIAM:

Santibanez was stopped for an immigration check at the La Gloria checkpoint. While interrogating Santibanez concerning his citizenship the immigration officer smelled the odor of marijuana coming from the interior of the vehicle. His assistant thereupon opened the rear door of the station wagon and found 240 pounds of marijuana. Santibanez moved to suppress this evidence. The motion was denied. Santibanez was found guilty of possession of marijuana with the intent to distribute. He appeals, contending that the search and seizure were illegal. We affirm.

We find no constitutional dereliction in stopping vehicles at this permanent checkpoint for the purpose of determining the occupant’s citizenship. Such a stop is considerably less intrusive than a search, Terry v. Ohio, 1968, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. Cf. United States v. Ortiz, 422 U.S. -, 95 S.Ct. 2585, 45 L.Ed.2d 623, 43 L.W. 5026 (June 30, 1975). [1]

The odor of marijuana emanating from the vehicle’s interior gave the immigration officer probable cause to then conduct the search. The motion to suppress the evidence was thus properly denied.

Affirmed.

1

. The question here presented was expressly reserved by the Supreme Court in Ortiz.