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
- Sutton knowingly and voluntarily consented to the search under the totality of the circumstances; the district court did not clearly err in finding voluntariness.
- 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
- Whether the search of Sutton's vehicle and boot box was valid because Sutton voluntarily consented to it.
- Whether the checkpoint stop and questioning unlawfully detained Sutton or rendered his consent involuntary.
- 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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Court Document
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