United States Ninth Circuit

A search of defendant's backyard was not authorized under 8 U.S.C. section 1357(a)(3), giving Border Patrol agents power to access certain border-adjacent lands, thus discovery of two undocumented aliens should have been suppressed.

Appellate Information

• Argued 06/13/2003
• Decided 07/31/2003
• Published 07/31/2003

Judges

• Before D.W. NELSON, W. FLETCHER, Circuit Judges, and ALSUP, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vincent L. Lacsamana, Tucson, AZ, for the defendant-appellant., Eric J. Markovitch, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.