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United States v. Heinrich

United States Court of Appeals, Ninth Circuit
Jun 14, 1974
499 F.2d 95 (9th Cir. 1974)

Opinion

No. 73-3245.

June 14, 1974.

Morris Sankary, San Diego, Cal., for defendant-appellant.

William D. Keller, U.S. Atty., Robert J. Perry, Asst. U.S. Atty., Los Angeles Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before MERRILL and KOELSCH, Circuit Judges, and MURRAY, District Judge.

Honorable William D. Murray, United States District Judge for the District of Montana, sitting by designation.


Defendant appeals from a conviction of violating 21 U.S.C. § 841(a)(1) (possession with intent to distribute marijuana).

Defendant was stopped on July 29, 1973, at the Temecula checkpoint. Pursuant to that stop the marijuana was discovered.

We held in United States v. Bowen, 500 F.2d 960 (9th Cir. 1974), that such stops made after June 21, 1973, are unconstitutional when they do not occur at the functional equivalent of the border.

The Temecula checkpoint is 72 miles north of the international boundary and is not the functional equivalent of a border.

The evidence discovered pursuant to the stop should have been suppressed.

Reversed.


Summaries of

United States v. Heinrich

United States Court of Appeals, Ninth Circuit
Jun 14, 1974
499 F.2d 95 (9th Cir. 1974)
Case details for

United States v. Heinrich

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. THEODORE HEINRICH…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 14, 1974

Citations

499 F.2d 95 (9th Cir. 1974)

Citing Cases

People v. Cummings

) The Ninth Circuit in United States v. Heinrich (1974) 499 F.2d 95, relying exclusively on its Bowen…