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RUVALCABA v. CITY OF LOS ANGELES

No. 93-56609.

64 F.3d 1323 (1995)

Enrique RUVALCABA, Plaintiff-Appellant, v. CITY OF LOS ANGELES; Darryl Gates, Police Chief; John Schiffner; John Backus, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1995.

Attorney(s) appearing for the Case

John C. Burton, Burton & Norris, Pasadena, CA, for plaintiff-appellant.

Janet G. Bogigian, Office of the City Attorney, Los Angeles, CA, for defendants-appellees.

Before: BEEZER and TROTT, Circuit Judges, and BURNS, Senior District Judge.

Opinion by Judge Beezer; Partial Concurrence and Partial Dissent by Judge Burns

BEEZER, Circuit Judge:

In Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (per curiam), the United States Supreme Court held that once a motor vehicle has been lawfully detained for a traffic violation, police officers may order the driver to get out of the vehicle without...

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