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United States Ninth Circuit


US v. MARISCAL, 01-10326

Where objective facts in the record demonstrate that no officer could have a reasonable suspicion that the driver of a vehicle had violated a traffic law, the traffic stop, which led to discovery of a firearm, was a violation of the Fourth Amendment; thus, conviction for being an illegal alien in possession of a firearm was reversed.

Appellate Information

  • Decided 04/01/2002
  • Published 04/01/2002

Judges

  • Before REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Bram Jacobson, Assistant Federal Public Defender, Phoenix, AZ, for the defendant-appellant., Joan G. Ruffennach, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.
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