UNITED STATES v. RECALDE

No. 84-1698.

761 F.2d 1448 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel RECALDE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 10, 1985.


Attorney(s) appearing for the Case

Hank Farrah, Albuquerque, N.M., for defendant-appellant.

David N. Williams, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Don J. Svet, First Asst. U.S. Atty., Albuquerque, N.M., with him on the brief), for plaintiff-appellee.

Before SEYMOUR, McWILLIAMS and WINDER, Circuit Judges.


SEYMOUR, Circuit Judge.

Miguel Recalde was convicted on one count of possession with intent to distribute cocaine under 21 U.S.C. § 841(a)(1) (1982). On appeal, he argues that the district court erred in denying his motion to suppress evidence seized during a search of his automobile. We agree and reverse his conviction.

I.

Recalde is an Argentinian citizen and a resident alien of the United States. On October 20, 1983, while driving westbound...

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