U.S. v. MASSIE

No. 95-2030.

65 F.3d 843 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Donald Albert MASSIE and Carson Lewis, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 12, 1995.


Attorney(s) appearing for the Case

Vicki S. Marani, Attorney, Criminal Division, Department of Justice, Washington, DC (John J. Kelly, United States Attorney, Albuquerque, NM, with her on the brief), for plaintiff-appellant.

Carmen E. Garza (Stephen Stevers, with her on the brief), Las Cruces, NM, for defendants-appellees.

Before TACHA, SETH, and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

The government appeals the district court's grant of Defendants Donald Albert Massie's and Carson Lewis' motion to suppress evidence seized from their car during a border patrol checkpoint stop. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

On June 23, 1994, Defendants pulled into the border patrol checkpoint on Interstate 10 near Las Cruces, New Mexico. After verifying Defendants were United States citizens...

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