U.S. v. HERNANDEZ

No. 94-30109.

55 F.3d 443 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro Pablo HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1995.


Attorney(s) appearing for the Case

Arturo Hernandez, San Jose, CA; Santiago E. Juarez, Espanola, NM, for defendant-appellant.

Klaus P. Richter, Asst. U.S. Atty., Billings, MT, for plaintiff-appellee.

Before: WRIGHT, HALL, and WIGGINS, Circuit Judges.


Opinion by Judge HALL; Dissent by Judge WIGGINS.

CYNTHIA HOLCOMB HALL, Circuit Judge:

We are called upon to decide whether the police used an alleged parking violation as a pretext to search for evidence of an unrelated, more serious offense. We hold that the stop was pretextual and that the district court erred by failing to suppress the fruits of the search.

I.

At the time of the arrest, appellant Pedro Hernandez was on parole from state...

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