UNITED STATES v. RODRIGUEZ

No. 74-1668.

525 F.2d 1313 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 22, 1975.


Attorney(s) appearing for the Case

Ben F. Baker, Asst. U. S. Atty. (Nathan G. Graham, U. S. Atty., on the brief), for plaintiff-appellee.

George Carrasquillo, Tulsa, Okl., for defendant-appellant.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is a search and seizure case. In our view the search and seizure violated the Fourth Amendment and the conviction must be reversed. The facts of the case are all important.

Eduardo Rodriguez was a paying passenger on a commercially operated van-type bus carrying twelve ticketed passengers from Laredo, Texas to Chicago, Illinois. The bus was pulling a U-Haul trailer.

On April...

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