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U.S. v. LOPEZ-CRUZ

No. 11-50551.

730 F.3d 803 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Andres LOPEZ-CRUZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2013.

Attorney(s) appearing for the Case

Laura E. Duffy , United States Attorney; Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division; Daniel E. Butcher (argued), Assistant United States Attorney, United States Attorneys' Office, San Diego, CA, for Plaintiff-Appellant.

Devin Burstein (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellee.

Before: WILLIAM C. CANBY, JR., STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

When Andres Lopez-Cruz ("Lopez") gave a border patrol agent permission to "look in" or "search" the two cell phones he had with him, the agent did not ask him whether he would also consent to the agent's answering any incoming calls. Nonetheless, when one of the phones rang while the agent was conducting his search, he answered it, passing himself off as Lopez. By answering the call, the agent obtained information leading...

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