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U.S. v. ALVEREZ-TEJEDA

No. 06-30289.

491 F.3d 1013 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Ascension ALVEREZ-TEJEDA, aka; Chombi, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2007.

Attorney(s) appearing for the Case

James A. McDevitt, United States Attorney, and Russell E. Smoot, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellant.

James E. Egan, Kennewick, WA, for the defendant-appellee.

Before: ALEX KOZINSKI, RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge FISHER.

KOZINSKI, Circuit Judge.

We consider the Fourth Amendment's limits on the use of trickery and force in conducting seizures.

Facts

Ascension Alverez-Tejeda and his girlfriend drove up to a traffic light. As the light turned green, the car in front of them lurched forward, then stalled. Alverez-Tejeda managed to stop in time, but the truck behind him tapped his bumper. As Alverez-Tejeda...

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