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U.S. v. SANTA MARIA

No. 93-10048.

15 F.3d 879 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert Ortiz SANTA MARIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1994.

Attorney(s) appearing for the Case

Frank R. Zapata, Assistant Federal Public Defender, Tucson, AZ, for the defendant-appellant.

David Shapiro, Assistant United States Attorney, and Robert L. Miskell, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: SKOPIL, THOMPSON, and RYMER, Circuit Judge.

RYMER, Circuit Judge:

Border Patrol agents, looking for aliens and drugs along a trail well traveled with both, came upon Gilbert Santa Maria's property and, without consent, searched a trailer near his mobile home for drugs. They discovered burlap bags of marijuana. The district court found that the trailer was outside the curtilage; held that the search was authorized under 8 U.S.C. § 1357(a)(3), which permits access to private lands within twenty-five miles...

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