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U.S. v. CASTILLO

No. 94-4053.

76 F.3d 1114 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Maria A. CASTILLO and Robert C. Sainz, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 17, 1996.

Attorney(s) appearing for the Case

David J. Schwendiman, Assistant United States Attorney (Scott M. Matheson, Jr., U.S. Attorney, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Deirdre A. Gorman of Ogden, Utah, for Maria A. Castillo, Defendant-Appellee.

Reid Tateoka, Salt Lake City, Utah, for Robert C. Sainz, Defendant-Appellee.

Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and VRATIL, District Judge.

McWILLIAMS, Senior Circuit Judge.

A white, late model Chevrolet pickup truck driven by Maria Castillo and in which her husband, Robert Sainz, and their 3 year old son were passengers, was stopped on an Interstate Highway in Utah by Richard McAffee, an officer in the Utah Highway Patrol, because it had tinted windows which Officer McAffee thought were in violation of a state equipment requirement that tinted windows must transmit 70% of the existing light. About ten...

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