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UNITED STATES v. OLIVARES

No. 73-4021.

496 F.2d 657 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Amalia OLIVARES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1974.

Attorney(s) appearing for the Case

Joseph A. Calamia, John L. Fashing, El Paso, Tex., for defendant-appellant.

William Sessions, U. S. Atty., San Antonio, Tex., Ralph Harris, William B. Hardie, Jr., Ronald F. Ederer, Asst. U. S. Attys., El Paso, Tex., for plaintiff-appellee.

Before TUTTLE, COLEMAN and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

Amalia Olivares was convicted, after a trial to the district court, on six counts of knowingly transporting aliens knowing them to be in the United States illegally, in violation of 8 U.S.C. § 1324.1 We find that the search forming the basis of her conviction was conducted without probable cause; and we reverse.

In the district court the parties stipulated...

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