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HUGUEZ v. UNITED STATES

No. 21518.

406 F.2d 366 (1968)

Oscar John HUGUEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 12, 1969.

Attorney(s) appearing for the Case

John H. Ely (argued), San Diego, Cal., for appellant.

Phillip Johnson (argued), Asst. U. S. Atty., Edwin Miller, U. S. Atty., San Diego, Cal., for appellee.

Before BARNES and ELY, Circuit Judge, and HAUK, District Judge.

Rehearing En Banc Denied February 12, 1969.

HAUK, District Judge:

Here raised in this appeal is an issue which is coming before this and other Federal Appellate Courts with increasing frequency — the validity and constitutionality of border searches conducted without a search warrant by forcible and intrusive invasion of an intimate human body cavity. In this case the appellant's rectum was searched by forcible digital insertion and manipulation in...

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