United States Ninth Circuit

Marijuana on defendant's boat was seized pursuant to a valid border search; his possession conviction is affirmed. Because the officer's GPS-based testimony was inadmissible under the best evidence rule, and because defendant was prejudiced thereby, the importation conviction is reversed.

Appellate Information

• Decided 04/09/2004
• Published 04/09/2004

Judges

• FISHER, Circuit Judge:, Before:  FISHER and BYBEE, Circuit Judges, and MAHAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Martha M. Hall, DiIorio & Hall, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Michael F. Kaplan, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.