U.S. v. LUDLOW

No. 92-2122.

992 F.2d 260 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. William D. LUDLOW, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 27, 1993.


Attorney(s) appearing for the Case

William D. Fry, Asst. Federal Public Defender (R Morgan Lyman, Asst. Federal Public Defender, on the brief), Las Cruces, NM, for defendant-appellant.

Kelly Burnham, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., and Charles L. Barth, Asst. U.S. Atty., on the brief), D. N.M., Las Cruces, NM, for plaintiff-appellee.

Before McKAY, Chief Judge, MOORE, and ANDERSON, Circuit Judges.


McKAY, Chief Judge.

In this criminal action, William D. Ludlow appeals the denial of his motion to suppress evidence that was seized at a Border Patrol checkpoint he attempted to travel through.

At 8:40 p.m. on October 29, 1992, Mr. Ludlow drove a Datsun 280-Z into the primary inspection area of a permanent Border Patrol checkpoint west of Las Cruces, New Mexico. The Border Patrol agent noticed that the driver's side window was only partially

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