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UNITED STATES v. CURRAN

No. 72-3180.

498 F.2d 30 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Terry CURRAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

J. David Franklin (argued), Odorico, Franklin & Herring, San Diego, Cal., for defendant-appellant.

Thomas M. Coffin, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and LUCAS, District Judge.

OPINION

LUCAS, District Judge:

Two men, Garcia and Lovio, drove across the United States border in a Ford Pinto about 5:55 p. m. on June 1, 1972. Because this car was listed as a possible stolen car on a computer printout, it was stopped at the Calexico, California, Port of Entry. A customs agent, Wilburn Sears, searched the vehicle and found marijuana debris beneath the back of the front seat. Sears let the vehicle and its occupants go; but he and another...

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