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U.S. v. RIOS-RAMIREZ

No. 89-2167.

929 F.2d 563 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Carmen Cesar RIOS-RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 2, 1991.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

William L. Lutz, U.S. Atty., and Mary L. Higgins, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Before BRORBY and McWILLIAMS, Circuit Judges, and SPARR, District Judge.

McWILLIAMS, Circuit Judge.

Carmen Cesar Rios-Ramirez, the driver and sole occupant of a 1974 Ford Cougar, entered the United States from the Republic of Mexico at the Port of Entry at Columbus, New Mexico, on February 3, 1989, at approximately 4:30 p.m. Because Rios-Ramirez appeared "nervous," the Customs agents asked him to step out of the vehicle. A "sniffer dog" was placed near the vehicle and the dog "alerted" to the side panels of the vehicle. A subsequent search...

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