U.S. v. VALDES-VEGA

No. 10-50249.

685 F.3d 1138 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Rufino Ignacio VALDES-VEGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2012.


Attorney(s) appearing for the Case

Gretchen Fusilier , Carlsbad, CA, for the defendant-appellant.

Daniel Ackerman , Assistant United States Attorney, Riverside, CA, for the plaintiff-appellee.

Opinion by Judge PREGERSON; Dissent by Judge CONLON.


OPINION

PREGERSON, Circuit Judge:

Defendant Rufino Ignacio Valdes-Vega ("Valdes-Vega") appeals the district court's denial of his motion to suppress cocaine found in his truck. Valdes-Vega contends that the stop of his truck by Border Patrol Agents 70 miles north of the U.S.-Mexico Border violated the Fourth Amendment, and consequently, the cocaine found in his truck must be suppressed. We agree. The totality of the circumstances in this case did not provide...

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