U.S. v. VERGARA

No. 16-15059.

884 F.3d 1309 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Hernando Javier VERGARA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 15, 2018.


Attorney(s) appearing for the Case

Linda Julin McNamara , Peter J. Sholl , Arthur Lee Bentley, III , James A. Muench , Jennifer Lynn Peresie , U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.

Howard C. Anderson , Adeel Bashir , Federal Public Defender's Office, Tampa, FL, Rosemary Cakmis , Donna Lee Elm , Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant.

Before WILLIAM PRYOR, JILL PRYOR and CLEVENGER, Circuit Judges.


This appeal presents the issue whether warrantless forensic searches of two cell phones at the border violated the Fourth Amendment. U.S. Const. amend IV. Hernando Javier Vergara appeals the denial of his motion to suppress evidence found on two cell phones that he carried on a cruise from Cozumel, Mexico to Tampa,...

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