United States Ninth Circuit

A defendant who moves to suppress evidence discovered during a border search of his vehicle bears the burden of demonstrating that the search damaged the vehicle and that the damage affected the vehicle's safety or operability.

Appellate Information

• Argued 06/09/2006
• Decided 07/24/2006
• Published 07/24/2006

Judges

• TROTT, Circuit Judge:, Before: REINHARDT, TROTT, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ellis M. Johnston III and Steven F. Hubachek, Assistant Federal Public Defenders, San Diego, CA, for the defendant-appellant., Michael J. Crowley, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.