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UNITED STATES v. LARIOS-MONTES

No. 73-3571.

500 F.2d 941 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Noe LARIOS-MONTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 11, 1974.

Attorney(s) appearing for the Case

Robert L. Boles (argued), of Federal Defenders, San Diego, Cal., for defendant-appellant.

Richard Strauss, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and BURNS, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Since the decision of the Supreme Court in Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596, the government seems to be turning more and more to the doctrine of "founded suspicion" to justify searches and seizures that would otherwise be found to violate the Fourth Amendment as expounded in Almeida-Sanchez. In that case, the Court held that random roving...

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