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U.S. v. NAVA

No. 03-50364.

363 F.3d 942 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique NAVA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2004.

Attorney(s) appearing for the Case

Ellis M. Johnston, III, esq., San Diego, CA, for the defendant/appellant.

Carol C. Lam, United States Attorney, Patrick O'Toole, United States Attorney's Office, San Diego, CA, for the plaintiff/appellee.

Before: SILVERMAN, GOULD, and BEA, Circuit Judges.

SILVERMAN, Circuit Judge:

Today we once again hold that an individual is not arrested but merely detained when, at the border, he is asked to exit his vehicle, briefly handcuffed while escorted to the security office, uncuffed, patted down, and required to wait while his vehicle is searched.

I. Facts

On December 1, 2002, at around 8:50 p.m., defendant Enrique Nava drove to the San Ysidro, California...

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