U.S. v. CERVANTES

No. 09-50521.

678 F.3d 798 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Antonio Ramos CERVANTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2012.


Attorney(s) appearing for the Case

Michael Tanaka , Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Kevin S. Rosenberg , Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge PREGERSON; Dissent by Judge IKUTA.


OPINION

PREGERSON, Circuit Judge:

Jesus Antonio Ramos Cervantes appeals the district court's denial of his motion to suppress evidence found in his vehicle. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

BACKGROUND

On March 25, 2009, Detective Todd Hankel of the Los Angeles Police Department and his team of narcotics detectives and officers were conducting surveillance...

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