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UNITED STATES v. MUNOZ

Nos. 78-3230, 78-3231.

604 F.2d 1160 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Rachel MUNOZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Laura Theresa ORTIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 29, 1979.

Attorney(s) appearing for the Case

Marvin J. Mizeur, Mizeur & Leeger, Elizabeth Meyer (argued), San Diego, Cal., for defendant-appellant.

Barbara F. Brown, Asst. U.S. Atty. (on the brief), Michael H. Walsh, U.S. Atty., Barbara F. Brown, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and HALL, District Judge.

KENNEDY, Circuit Judge.

The facts relied upon to support the stop of the Ortiz vehicle do not, in our view, constitute grounds for a reasonable suspicion of criminal activity. It is an innocuous circumstance that two vehicles are traveling in tandem on a hot summer day, one with a child in the front between two adults in bucket seats. That the drivers appear to be of Mexican or Latin extraction is a factor of slight importance. The failure of the occupants to look...

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