U.S. v. RIAZCO

No. 96-20120 Summary Calendar.

91 F.3d 752 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Harold RIAZCO, a/k/a Raul Lugo Serrano, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 5, 1996.


Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, Paula Camille Offenhauser, U.S. Attorney's Office, Houston, TX, for plaintiff-appellant.

Roland E. Dahlin, II, Federal Public Defender, Renata Ann Gowie, Thomas S. Berg, Assistant Federal Public Defenders, Houston, TX, for defendant-appellee.

Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The United States appeals the grant of a motion to suppress evidence seized during a warrantless search of an automobile. We reverse and remand.

I.

On August 21, 1995, Gary Gresham, an investigator with Texas's narcotics task force, pulled over a car driven by Harold Riazco because of an unilluminated temporary license plate in the car's rear window and because Riazco had failed to stay within one lane. Gresham asked...

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