U.S. v. VILLASENOR

No. 08-50541.

608 F.3d 467 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Alberto VILLASENOR, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2010.


Attorney(s) appearing for the Case

Lawrence E. Spong (argued), Assistant United States Attorney, Criminal Division, Luella M. Caldito, Assistant United States Attorney, Criminal Division, San Diego, CA, for the plaintiff-appellant.

Gary P. Burcham, Burcham & Zugman, APC, San Diego, CA, for the defendant-appellee.

Before: T.G. NELSON, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.


BYBEE, Circuit Judge:

We must decide whether a search conducted after a border crossing qualifies as a reasonable search under the extended border search doctrine. The district court granted the defendant's motion to suppress, ruling that the unusual factual scenario presented here did not fit within the rubric of the extended border search doctrine. We review the question of reasonable suspicion de novo, Ornelas v. United States, 517 U.S. 690...

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