United States v. Jack M. Dixon, John Thur Bylund & Howard C. Arnold, 525 F.2d 1201 (5th Cir. 1976). · Go Syfert
United States v. Jack M. Dixon, John Thur Bylund & Howard C. Arnold, 525 F.2d 1201 (5th Cir. 1976). Cases Citing This Book View Copy Cite
6 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: United States v. Miller (ca5, 2021-01-04)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Miller
5th Cir. · 2021 · confidence medium
See United States v. Kalie, 538 F.2d 1201 , 1202–03 (5th Cir. 1976) (holding that probable cause existed where a border patrol agent saw nothing more than glimpses of aluminum foil and marijuana debris in the bed of a pickup truck); United States v. Dixon, 525 F.2d 1201, 1201 (5th Cir. 1976) (holding that probable cause existed where an officer saw only “what appeared to be marijuana seeds” inside the vehicle).
cited Cited "see" United States v. Shike
5th Cir. · 2025 · signal: see · confidence high
See United States v. Dixon, 525 F.2d 1201, 1201 (5th Cir. 1976).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jack M. DIXON, John Thur Bylund and Howard C. Arnold, Defendants-Appellants
73--3910.
Court of Appeals for the Fifth Circuit.
Jan 16, 1976.
525 F.2d 1201
1976 U.S. App. LEXIS 13321
Larry Victorson, El Paso, Tex. (Court-appointed), for Bylund and Dixon., Johnny Searls, El Paso, Tex. (Court-appointed), for Dixon., Victor K. Sizemore, El Paso, Tex. (Court-appointed), for Arnold., William Sessions, U. S. Atty., San Antonio, Tex., Ron Ederer, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.
Tuttle, Roney, Gee.
Cited by 6 opinions  |  Published
PER CURIAM:

As with United States v. Hart, 525 F.2d 1199 (5th Cir. 1976) this case was remanded to us by the United States Supreme Court for consideration in light of United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975), and United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 623 (1975). On the basis of our decision today in Hart, we again hold this search to be constitutional and affirm the convictions of the three defendants.

Moreover, the facts of this case provide an alternative basis for affirming the convictions. Here, after stopping the vehicle in which the defendants were traveling for the purpose of determining the occupant’s citizenship, a border patrol agent looked through the vehicle’s window with his flashlight and noticed what appeared to be marijuana seeds. At this point, one of the three men asked the agent if he would let them go if they gave him the marijuana they had for their personal use. A subsequent search of the vehicle produced approximately 60 pounds of marijuana.

In United States v. Santibanez, 517 F.2d 922 (5th Cir. 1975), this Court held that a vehicle could be stopped at a permanent checkpoint for the purpose of determining the occupant’s citizenship. Accord, United States v. Coffey, 520 F.2d 1103 (5th Cir. 1975). This is the procedure utilized in this case. Once the vehicle was stopped, the plain view of the marijuana seeds in the car gave the border patrol officer probable cause to then conduct the search. The fact that[*1202] the agent used a flashlight to bring the marijuana into view, does not preclude such observation from application of the “plain view doctrine.” United States v. Lara, 517 F.2d 209 (5th Cir. 1975).

Affirmed.