United States v. Johnny Michael Sutton

850 F.2d 1083 (5th Cir. 1988) · United States Court of Appeals for the Fifth Circuit · August 1, 1988 · No. No. 87-1954

Summary

The Fifth Circuit affirmed the denial of Johnny Michael Sutton’s motion to suppress methamphetamine seized from his vehicle at a Sierra Blanca, Texas, immigration checkpoint. The court held that Sutton knowingly and voluntarily consented to the search of his trunk and a boot box, making it unnecessary to determine whether the agent also had probable cause.

Holdings

  1. Sutton knowingly and voluntarily consented to the search under the totality of the circumstances; the district court did not clearly err in finding voluntariness.
  2. Under the governing Fifth Circuit rule, a warrantless automobile search at the Sierra Blanca checkpoint is reasonable only if supported by probable cause or consent; either ground independently validates the search.

Questions Presented

  1. Whether the search of Sutton's vehicle and boot box was valid because Sutton voluntarily consented to it.
  2. Whether the checkpoint stop and questioning unlawfully detained Sutton or rendered his consent involuntary.
  3. Whether the search could alternatively be justified by probable cause.

Disposition

affirmed

Cases Cited (14)

  • Illinois v. Gates, 462 U.S. 213 (1983)(followed)
  • Carroll v. United States, 267 U.S. 132 (1925)(followed)
  • United States v. Jackson, 825 F.2d 853 (5th Cir. 1987) (en banc)(followed)
  • United States v. Ortiz, 422 U.S. 891 (1975)(followed)
  • United States v. Petty, 601 F.2d 883 (5th Cir. 1979)(followed)
  • Schneckloth v. Bustamonte, 412 U.S. 218 (1973)(followed)
  • United States v. Gomez-Diaz, 712 F.2d 949 (5th Cir. 1983)(followed)
  • United States v. Rodriguez, 835 F.2d 1090 (5th Cir. 1988)(followed)
  • Campos v. City of Baytown, 840 F.2d 1240 (5th Cir. 1988)(followed)
  • United States v. Martinez-Fuerte, 428 U.S. 543 (1976)(followed)

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Cited In (0)

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