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U.S. v. SANTAMARIA-HERNANDEZ

No. 91-50376.

968 F.2d 980 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Victor Manuel SANTAMARIA-HERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

David P. Curnow, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

Jeanne G. Knight, Asst. Federal Public Defender, San Diego, Cal., for defendant-appellee.

Before: CANBY, REINHARDT and WIGGINS, Circuit Judges.

CANBY, Circuit Judge:

The government appeals the district court's order suppressing evidence obtained after the automobile of the defendant, Victor Manuel Santamaria-Hernandez, was stopped by border patrol agents. The pivotal issue is whether the "founded suspicion" essential to the stop of Santamaria's car may be based in part on events occurring after the border patrol car turned on its red lights and siren, but before Santamaria's car was actually stopped after...

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