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U.S. v. ZARAGOZA

No. 01-50320.

295 F.3d 1025 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Arthur ZARAGOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 3, 2001.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.

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 Roopal R. Shah, Assistant United States Attorney, San Diego, California, were on the brief.

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

OPINION

O'SCANNLAIN, Circuit Judge.

OPINION

We must decide whether a border detention of an individual becomes an arrest unsupported by probable cause when a customs inspector briefly handcuffs him.

I

On February 11, 2001, Juan Arthur Zaragoza drove a 1983 Chevrolet pickup truck with a camper into lane 18 at the San Ysidro Port of Entry between Mexico and the United States. Customs Inspector Edric Omgsioco was working on lane...

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