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UNITED STATES v. JUAREZ-RODRIGUEZ

No. 74-1118.

568 F.2d 120 (1977)

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

United States Court of Appeals, Ninth Circuit.

As Amended January 10, 1977.

Attorney(s) appearing for the Case

Lewis A. Wenzell, Federal Public Defender, San Diego, Cal., for defendant-appellant.

James W. Meyers, Asst. U.S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

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

OPINION ON REHEARING EN BANC

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...

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