UNITED STATES v. MONTEZ-HERNANDEZ

Cr. S-437.

291 F.Supp. 712 (1968)

UNITED STATES of America, Plaintiff, v. Leopoldo MONTEZ-HERNANDEZ, aka Julian Perez, Defendant.

United States District Court E. D. California.

October 16, 1968.


Attorney(s) appearing for the Case

John P. Hyland, U. S. Atty., Eastern District of Cal., Sacramento, Cal., for plaintiff.

Carl Stein, Sacramento, Cal., for defendant.


MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

The defendant has moved under Rule 41(e) of the Federal Rules of Criminal Procedure for an order suppressing as evidence an immigration border crossing card, Form No. I-179, taken from defendant at the time of his arrest. This court held a hearing at which the following facts were developed.

On July 13, 1968, defendant and three companions, all Mexican, were traveling in a car in Bryte, California. Their...

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