Opinion
Nos. 74-1851, 74-2296.
August 18, 1975.
Robert E. Kennedy, El Paso, Tex. (Court-appointed), for defendant-appellant.
William S. Sessions, U.S. Atty., San Antonio, Tex., Ron Ederer, William B. Hardie, Jr., Asst. U.S. Attys., El Paso, Tex., for plaintiff-appellee.
Appeals from the United States District Court for the Western District of Texas; Ernest Guinn, Judge.
ON PETITION FOR REHEARING [2] (Opinion dated March 28, 1975, 510 F.2d 554)
It is ordered that the petition for rehearing filed in the above entitled and numbered causes be and the same is hereby granted for the sole purpose of remanding the case to the district court for an evidentiary hearing on the lawfulness of the stop and search of Madrid's vehicle. On remand, the district court should consider the case in the light of United States v. Ortiz, 1975 [43 L.W. 5026, June 24, 1975]; ___ U.S. ___, 95 S.Ct. 2585, 45 L.Ed.2d 623, United States v. Buignoni-Ponce, 1975 [43 L.W. 5028, June 24, 1975], ___ U.S. ___, 95 S.Ct. 2574, 45 L.Ed.2d 607, and any other relevant decisions of the United States Supreme Court or this Court relating to checkpoint stops or border searches of vehicles.
Reversed and remanded.