IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50928
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM E. CALVILLO,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-98-CR-247-ALL
- - - - - - - - - -
Februar 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
William E. Calvillo appeals his conviction for driving while
intoxicated on a military base, in violation of 18 U.S.C. § 13.
He argues that the magistrate judge erred in denying his motion
to suppress on the ground that the officer who conducted the
traffic stop, which culminated in his arrest, lacked a reasonable
suspicion that he was driving while intoxicated. He further
contends that all evidence regarding his intoxication, which was
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-50928
-2-
discovered after the allegedly unlawful stop, should have been
suppressed as the “fruit of the poisonous tree.”
Viewing the evidence in the light most favorable to the
Government, the Government demonstrated that law enforcement
officers on the base had a reasonable suspicion that Calvillo was
driving while intoxicated to support the stop, and the stop was
therefore valid. See Terry v. Ohio, 392 U.S. 1, 21-22 (1968);
United States v. Dougall, 919 F.2d 932, 934 (5th Cir. 1990); see
also United States v. Ishmael, 48 F.3d 850, 853 (5th Cir. 1995).
Because the initial stop was valid, the subsequently discovered
evidence of Calvillo’s intoxication was not “fruit of the
poisonous tree” and did not require suppression. See Brown v.
Illinois, 422 U.S. 590, 602-04 (1975); Wong Sun v. United States,
371 U.S. 471, 484-88 (1963).
AFFIRMED.