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U.S. v. MOLINA-TARAZON

No. 00-50171.

279 F.3d 709 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose MOLINA-TARAZON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Attorney(s) appearing for the Case

Shaun Khojayan, Federal Defenders of San Diego, Inc., San Diego, California, argued the cause and submitted a brief for the appellant.

Brian M. Pearce, Assistant U.S. Attorney (on the brief), Patrick K. O'Toole, United States Attorney (argued), U.S. Attorney's Office, San Diego, California, for the plaintiff-appellee.

Before: D.W. NELSON, BRUNETTI and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

Looking for contraband, customs agents removed and dismantled Jose Molina-Tarazon's fuel tank. We consider whether this procedure is a "routine" border search for which no suspicion whatsoever is required.

I

At approximately 3:30 one early morning, Molina entered the United States from Mexico driving a pickup truck. Molina was directed to secondary, where Customs Inspector Kevin Brown ordered a narcotics-trained dog to sniff...

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