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UNITED STATES v. KESSLER

No. 73-2492.

497 F.2d 277 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Howard William KESSLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 17, 1974.

Attorney(s) appearing for the Case

Anthony S. Deutsch, of Deutsch, Parziale & McCabe, San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Stephen W. Peterson, Asst. U. S. Atty., both of San Diego, Cal., for plaintiff-appellee.

Before MERRILL and TRASK, Circuit Judges, and GRAY, District Judge.

OPINION

MERRILL, Circuit Judge:

On the evening of March 16, 1973, a border patrol agent was in a hidden position at the Calexico, California, sewage treatment plant, watching for illegal aliens or narcotics activity. His location was approximately one mile west of the City of Calexico and three hundred yards north of Anza Road, which runs parallel to and some two hundred and fifty yards north of the international boundary between Mexico and the United States...

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