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U.S. v. BRAVO

No. 01-50159.

295 F.3d 1002 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo A. BRAVO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn November 21, 2001.

Re-submitted May 13, 2002.

Filed July 8, 2002.

Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Defenders of San Diego, Inc., San Diego, California, argued the cause for the defendant-appellant; Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, California, was on the briefs.

Patrick K. O'Toole, United States Attorney, San Diego, California, argued the cause for the plaintiff-appellee; Bruce R. Castetter, Assistant United States Attorney, and Renee M. Bunker, Assistant United States Attorney, San Diego, California, were on the brief.

Before: O'SCANNLAIN, PAEZ, Circuit Judges, and KING, District Judge.

O'SCANNLAIN, Circuit Judge.

We must decide whether, under the Fourth Amendment, a border search of a toolbox in the bed of a truck was routine and whether a detention became an arrest when a customs inspector briefly handcuffed the truck's driver.

I

On September 23, 2000, Ricardo A. Bravo entered the United States from Mexico at the Calexico, California, West Port of Entry as the sole occupant of a 1981 Chevrolet Silverado. In response to routine...

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