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U.S. v. MENDEZ

No. 93-2528.

27 F.3d 126 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jon MENDEZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 1994.

Attorney(s) appearing for the Case

Paula C. Offenhauser, Asst. U.S. Atty., Gaynell G. Jones, U.S. Atty., Houston, TX, Richard A. Friedman, Appellate Sec., Crim. Div., Dept. of Justice, Washington, DC, for appellant.

Peter G. Heckler, Houston, TX, for appellee.

Before REAVLEY, JONES and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This is an appeal from an order granting a pretrial motion to suppress cocaine discovered during a post-arrest search of appellee's suitcase at an airport. A trained narcotics dog had alerted to appellee's suitcase prior to his arrest and prior to the search of his suitcase. The district court found the arrest illegal and the subsequent search tainted by the failure to give Miranda warnings. In addition, the district court granted...

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