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U.S. v. CASTELO

No. 04-60874.

415 F.3d 407 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. David CASTELO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 29, 2005.

Attorney(s) appearing for the Case

Charles Wiley Spillers, Asst.U.S. Atty., David Anthony Sanders (argued), Oxford, MS, for U.S.

Bobby T. Vance (argued), Batesville, MS, for Castelo.

Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this appeal we consider whether the warrantless search of the appellant's truck falls within either the automobile exception or the pervasively regulated industry exception to the warrant requirement of the Fourth Amendment.

During a roadside inspection, Mississippi Department of Transportation ("MDOT") officers found approximately 112 pounds of cocaine in the trailer of Castelo's truck. At trial, Castelo moved to suppress...

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