Criminal,
9th U.S. Circuit Court of Appeals
Sep. 4, 2018
9th Circuit affirms Border Patrol acted appropriately, but questions the precedent binding its decision
The federal appellate court affirmed the lower court’s denial of a Fourth Amendment violation of a defendant who was detained after Border Patrol found narcotics in his vehicle, but two of the three panelists issued a separate concurring opinion that if they were not bound by precedent, they may have decided differently.
The 9th U.S. Circuit Court of Appeals on Friday upheld a law enforcement stop near the U.S.-Mexico border that yielded a load of heroin and methamphetamine, but two panelists expressed concern about the controlling case law driving their decision.
A federal defender had argued U.S. border patrol agents did not have reasonable suspicion to stop the vehicle containing the drugs.
A three-judge panel o...
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