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UNITED STATES v. MONCLAVO-CRUZ

No. 80-1776.

662 F.2d 1285 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Rafaela MONCLAVO-CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1981.

As Amended on Denial of Rehearing November 2, 1981.

Attorney(s) appearing for the Case

Louis A. Araneta, Asst. Federal Public Defender, Phoenix, Ariz., for defendants-appellants.

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

Before SKOPIL, SCHROEDER and FARRIS, Circuit Judges.

AS AMENDED ON DENIAL OF REHEARING

SKOPIL, Circuit Judge:

Rafaela Monclavo-Cruz appeals her conviction for use of a false alien registration receipt in violation of 18 U.S.C. § 1426(b). We conclude that the evidence used to convict her was derived from an illegal warrantless search of her purse. Therefore we reverse.

FACTS AND PROCEEDINGS BELOW

In May and early July 1980, two informers told Immigration Investigator Cluff that Monclavo...

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