U.S. v. THOMAS

No. 99-10355.

211 F.3d 1186 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Charles THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2000.


Attorney(s) appearing for the Case

Rubin Salter, Jr., Tucson, Arizona, for the defendant-appellant.

Jerry R. Albert, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: POLITZ, REINHARDT, and HAWKINS, Circuit Judges.


REINHARDT, Circuit Judge:

We are asked to decide whether the sound of a package of marijuana being dropped into a vehicle is sufficiently distinctive to provide law enforcement officers reasonable suspicion to stop and search the vehicle. We conclude that it is not and reverse the defendant's convictions.

I. Background

On December 23, 1997, agents of the Federal Bureau of Investigation (FBI) told Detective...

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