# United States v. Mary Dangerfield Bengivenga

> Court of Appeals for the Fifth Circuit · February 23, 1987 · 811 F.2d 853

URL: https://www.frixlaw.com/law-library/cases/9475846

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Mary Dangerfield BENGIVENGA, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 23, 1987
- **Citations:** 811 F.2d 853; 1987 U.S. App. LEXIS 18309
- **Precedential status:** Published
- **Opinion:** Dissent by Clark
- **Judges:** Clark, Goldberg, Gee
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9475846

## Opinion text

CLARK, Chief Judge,
dissenting:
With deference, I respectfully dissent. I cannot conclude that the record requires that we reverse the district court’s factual determination that Agent Ramos did not have probable cause to arrest Bengivenga before he took a minute and a half to determine that she had lied about having checked luggage on the bus. It was entirely appropriate, in my view, for Agent Ramos to take an extra moment to pursue the strongest clue he had by questioning the only two passengers bound for the destination shown on the luggage that smelled of marijuana. It is both plausible and probable, to my mind, for him to think that he needed to confirm that others had not sent the luggage to this small town with the intent that confederates would claim it, or to think that another passenger might have *856 covered his association with the bags by purchasing a ticket to another destination.
Apprehending dope smugglers is not an easy game or one played by logical rules. Agents set to this task frequently find their best efforts thwarted when they make arrests based on what courts later say was less than probable cause. I simply cannot fault Agent Ramos or the district court for holding the belief that I share— until Bengivenga’s lie was revealed, a reasonable probability existed that the marijuana-laden suitcases could be in the control of others.
Because I would affirm, I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9475846. Public record. Not legal advice.