U.S. v. BUENO-VARGAS

No. 03-50381.

383 F.3d 1104 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo BUENO-VARGAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2004.


Attorney(s) appearing for the Case

Timothy A. Scott, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Joseph C. Wyderko, U.S. Department of Justice, Criminal Division, Washington, DC, for the plaintiff-appellee.

Before D.W. NELSON, KOZINSKI, and GRABER, Circuit Judges.


GRABER, Circuit Judge:

Does a customs agent's statement of probable cause to detain an arrested person pending further proceedings, made under penalty of perjury and sent to a magistrate judge by facsimile (fax), satisfy the Fourth Amendment's requirement of an "Oath or affirmation"? We answer that question "yes" and, accordingly, affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On a Friday morning, border officials stopped Defendant Gerardo Bueno-Vargas...

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