U.S. v. TAYLOR

No. 90-50438.

934 F.2d 218 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Mark R. TAYLOR, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 29, 1991.


Attorney(s) appearing for the Case

Patrick O'Toole, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

Kathryn A. Thickstun, San Diego, Cal., for defendant-appellee.

William M. Walker, ACLU Foundation of San Diego Imperial Counties, San Diego, Cal., for amicus curiae.

Before GOODWIN, HUG and FARRIS, Circuit Judges.


GOODWIN, Circuit Judge:

The government appeals the suppression of evidence discovered at a permanent U.S. Border Patrol checkpoint, established to detain motorists briefly for limited immigration-related inquiries. The district court held that a dual-purpose inspection by a U.S. Border Patrol agent, who had previously been cross-designated as an agent of the Drug Enforcement Agency ("DEA") and U.S. Customs, violated the fourth amendment. We reverse.

Mark R...

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