U.S. v. SANDERS

No. 90-2216.

937 F.2d 1495 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Larry Earl SANDERS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 24, 1991.


Attorney(s) appearing for the Case

Richard A. Friedman, Dept. of Justice, Washington, D.C., (William L. Lutz, U.S. Atty., David N. Williams, Thomas L. English, Asst. U.S. Attys., Albuquerque, N.M., with him on the brief), for plaintiff-appellant.

James B. Foy, Silver City, N.M., for defendant-appellee.

Before MOORE and BRORBY, Circuit Judges, and VAN BEBBER, District Judge.


BRORBY, Circuit Judge.

The United States appeals the order of the district court granting Defendant's motion to suppress evidence seized from a pickup truck at a permanent border checkpoint.

The facts were developed during a hearing upon the motion to suppress and are undisputed and uncontested as the only evidence given at this hearing came from two border patrol agents. At 2:30 a.m., Defendant drove a pickup bearing California license plates into the primary...

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