UNITED STATES v. PEREZ

Nos. 80-1140 to 80-1142.

644 F.2d 1299 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus PEREZ, Benjamin Ascencion Marquez and Salomon De La Garza-Garza, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.


Attorney(s) appearing for the Case

Leon Thikoll, Thikoll, Johnston & Rosen, Tucson, Ariz., for Garza-Garza.

Hermilio Iniguez, Gama, Guerrero & Iniguez, Phoenix, Ariz., for Perez.

Howard E. Beckler, Hollywood, Cal., for Marquez.

Roger W. Dokken, Asst. U. S. Atty., Phoenix, Ariz., argued for U. S. A.; Arthur G. Garcia, Phoenix, Ariz., on brief.

Before GOODWIN and CANBY, Circuit Judges and PECK, Senior Circuit Judge.


CANBY, Circuit Judge.

The defendants were charged with importing heroin, possession of heroin and conspiracy. The district court denied a motion to suppress the heroin, which was found by government agents when they searched a truck after stopping the defendants. The government did not allege that its agents had probable cause to search the truck. The court ruled, however, that the search was valid either because it was an extended border search or because it was...

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