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U.S. v. RICHMOND

No. 17-40299.

915 F.3d 352 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Jennifer Lynn RICHMOND, Defendant-Appellant

United States Court of Appeals, Fifth Circuit.

Filed February 8, 2019.

Attorney(s) appearing for the Case

Anna Elizabeth Kalluri , Assistant U.S. Attorney, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Kayla R. Gassmann , Assistant Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GRAVES and COSTA, Circuit Judges and BENNETT, District Judge.

During a traffic stop, a state trooper pushed his fingers against the vehicle's tire to try and confirm his suspicion that it contained more than just air. We conclude that the brief physical examination of the tire was subject to the Fourth Amendment under the recently revived trespass test for deciding what is a search...

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