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U.S. v. SEALED JUVENILE 1

No. 00-40411.

255 F.3d 213 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. SEALED JUVENILE 1, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 2001.

Attorney(s) appearing for the Case

Timothy G. Hammer, Victoria, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Eustorgio Charles Perez (argued), Office of Eustorgio Perez, Laredo, TX, for Defendant-Appellant.

Before KING, Chief Judge, and EMILIO M. GARZA and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This case presents the question of whether a United States Customs Service agent can detain someone for driving recklessly on the highway. We hold that a Customs agent enjoys the right of citizen's arrest if the erratic driving occurs in his presence and constitutes a breach of the peace under state law. Accordingly, we affirm the district court's denial of the motion to exclude incriminating evidence obtained as a result of the valid...

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