No. 89-2973.

906 F.2d 319 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jacinto RIVERA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1990.

Attorney(s) appearing for the Case

David E. Risley, Office of U.S. Atty., Springfield, Ill., for plaintiff-appellee.

Robert Ramos, Hill & Ramos, El Paso, Tex., for defendant-appellant.

Before WOOD, Jr., and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Jacinto Rivera was driving erratically on an Illinois highway. The speed limit was 65, yet he drove at 50 miles per hour, then sped to 65, then slowed again to 50. He also had a champagne glass (in which there was a gold cross) on his dashboard, a glass that could conceivably obstruct his view out of the front windshield. An Illinois state trooper pulled Rivera over, ostensibly for two purposes: to investigate the cause of his erratic...

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