UNITED STATES v. MENDEZ

No. 05-10205.

467 F.3d 1162 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LIONEL MENDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2006.


Attorney(s) appearing for the Case

Jon M. Sands & Michael D. Gordon, Federal Public Defender, Phoenix, Arizona, for the defendant-appellant.

Paul K. Charlton, John Joseph Tuchi & Bill C. Solomon, United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: Stephen Reinhardt, Richard A. Paez, and Richard C. Tallman, Circuit Judges.


Argued and Submitted February 16, 2006 — San Francisco, California.

Opinion by Judge Reinhardt; Dissent by Judge Tallman.

OPINION

REINHARDT, Circuit Judge:

On a December evening in 2003, appellant Lionel Mendez was pulled over by two police officers for failure to display a visible license plate or registration tag. He was asked to exit the vehicle, patted down for weapons and, although there were three small children in the car, told...

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