United States Fifth Circuit

Grant of a suppression motion in a prosecution for possession and conspiracy to possess marijuana with intent to distribute is vacated where, under prior case law, the district court erred in holding that when an agent received defendant's consent to the search of her bag, the permissible duration of her suspicionless detention at a fixed immigration checkpoint had been exceeded and her constitutional rights had been violated.

Appellate Information

• Decided 12/15/2006
• Published 12/18/2006

Judges

• GARWOOD, Circuit Judge:, Before KING, GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michelle Palacios (argued), McAllen, TX, James Lee Turner, John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S., Alonzo Ramos (argued), Laredo, TX, for Jaime.