1. Home
  2. Browse Decisions
  3. F.3d
  4. 162 F.3d
  5. 162 F.3d 1275 (1998)
 

U.S. v. DE LA CRUZ-TAPIA

No. 97-2376.

162 F.3d 1275 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Toribio Miguel DE LA CRUZ-TAPIA, Defendant-Appellee,

United States Court of Appeals, Tenth Circuit.

December 22, 1998.

Attorney(s) appearing for the Case

Presiliano Torrez, Assistant U.S. Attorney (John J. Kelly, United States Attorney, and Steven C. Yarbrough, Assistant U.S. Attorney, on the brief), Las Cruces, New Mexico, for Plaintiff-Appellant.

Robert J. McDowell, Assistant Federal Public Defender (Ann Steinmetz, Federal Public Defender, with him on the brief), Las Cruces, New Mexico, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, PORFILIO and BRORBY, Circuit Judges.

SEYMOUR, Chief Judge.

The United States government appeals from an order of the district court granting defendant Mr. De la Cruz-Tapia's motion to suppress evidence seized during a United States Border Patrol stop of his vehicle. The district court held that the facts did not support a reasonable suspicion for the stop, thereby violating Mr. De la Cruz-Tapia's Fourth Amendment right. We affirm.

I.

On July 9, 1997, around 8 a.m., Agent Joel Nickles...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases