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U.S. v. HEREDIA

Crim. No. L-87-368.

677 F.Supp. 895 (1987)

UNITED STATES of America v. Alberto HEREDIA a/k/a Albert Erevia-Swaze.

United States District Court, S.D. Texas, Laredo Division.

December 15, 1987.

Attorney(s) appearing for the Case

Louis Menendez, Asst. Public Defender, Laredo, Tex., for Heredia.

Mark Dowd, San Antonio, Tex., for U.S.

MEMORANDUM AND ORDER

KAZEN, District Judge.

The Court is again required to determine the legality of a stop made by a roving Border Patrol. According to United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975), the Border Patrol agents may consider the following objective factors in determining whether a stop is justified: (1) characteristics of the area where the vehicle is encountered; ...

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