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UNITED STATES v. ESCALANTE

No. 74-1075.

554 F.2d 970 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Lucero Alberto ESCALANTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 31, 1977.

Attorney(s) appearing for the Case

Lucero Alberto Escalante, pro se.

John P. Knoll, Frank J. Ragen, Federal Defenders, Inc., San Diego, Cal., submitted on briefs for defendant-appellant.

Terry J. Knoepp, U.S. Atty., James W. Meyers, Asst. U.S. Atty., San Diego, Cal., on petition for rehearing, for plaintiff-appellee; Stephen W. Peterson, Asst. U.S. Atty., San Diego, Cal., on the brief.

Before BROWNING, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, and ANDERSON, Circuit Judges.

CHOY, Circuit Judge:

The question presented to us on rehearing en banc is whether Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), requires the suppression of evidence obtained in searches of private vehicles at permanent traffic checkpoints removed from the border or its functional equivalents, made by Border Patrol officers without consent or probable cause, after June 21, 1973, the date...

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