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UNITED STATES v. BATES

No. 75-2321.

533 F.2d 466 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis James BATES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 26, 1976.

Attorney(s) appearing for the Case

Thomas M. Coffin, Asst. U.S. Atty., (argued), Terry J. Knoepp, U.S. Atty., Thomas M. Coffin, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellant.

Charles D. Wied, Escondido, Cal., for defendant-appellee.

Before CARTER, WRIGHT and GOODWIN, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

The government appeals an order granting defendant Bates' motion to suppress evidence, claiming the evidence was obtained pursuant to a valid border search and upon probable cause to arrest Bates and search his vehicle. We reverse the granting of the motion because we find the officers acted upon probable cause to arrest and search.

The facts are not disputed. On the night of January 21, 1975, a customs officer...

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