No. 07-2191.

528 F.3d 1273 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Nathaniel FORBES, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 17, 2008.

Attorney(s) appearing for the Case

Dennis J. Candelaria, Assistant Federal Public Defender, Las Cruces, New Mexico, for the Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief), Office of the United States Attorney, Las

Cruces, New Mexico, for the Plaintiff-Appellee.

Before BRISCOE, LUCERO, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

Robert Nathaniel Forbes, Jr., appeals the denial of his motion to suppress 91.6 kilograms of marijuana recovered from the tractor portion of his tractor-trailer rig during a search of his vehicle at a New Mexico border checkpoint. For purposes of the motion, the district court assumed that an initial search performed by border agents, which involved only the truck's trailer and which did not uncover any contraband, might have violated the Fourth...

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