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RODRIGUEZ v. UNITED STATES

No. 25451.

433 F.2d 964 (1970)

Lino RODRIGUEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

November 5, 1970.

Attorney(s) appearing for the Case

Edward A. Infante, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Kevin J. McInerney, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before HAMLEY and KILKENNY, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

On September 16, 1969, Lino Rodriguez entered the United States from Mexico at the Port of Entry, San Ysidro, California, driving a 1960 Oldsmobile. Customs Agent McClain asked him "of what country are you a citizen?" The appellant, Rodriguez, replied that he was a citizen of the United States.

When the trunk of appellant's car was opened, McClain observed "an unexplainable space in there of about six inches that normally isn't in an...

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