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U.S. v. HERNANDEZ

No. 02-50155.

314 F.3d 430 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Benito HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2002.

Attorney(s) appearing for the Case

Todd W. Burns, Federal Public Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Bruce R. Castetter, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: CANBY, GOULD and BERZON, Circuit Judges.

GOULD, Circuit Judge.

In this case, we must decide whether the defendant Hernandez's presence in the rear seat of a vehicle containing commercial quantities of illegal drugs, in conjunction with all the other circumstances known to the arresting officers, created probable cause to arrest him.

I

On August 21, 2001, Benito Hernandez was sitting in the rear seat of his uncle's Ford Windstar Minivan when the vehicle entered the United States from Mexico...

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