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U.S. v. MOLINA

Crim. No. L-88-31.

700 F.Supp. 13 (1988)

UNITED STATES of America v. Vidal MOLINA.

United States District Court, S.D. Texas, Laredo Division.

March 7, 1988.

Attorney(s) appearing for the Case

Louis Menendez, Asst. Public Defender, Laredo, Tex., for defendant.

Mark Dowd, U.S. Atty., for U.S.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Pending is Defendant's motion to suppress. Defendant's vehicle was stopped by a roving Border Patrol. The Court is not satisfied from the totality of the circumstances that the officer had a reasonable basis to suspect that the Defendant was participating in criminal activity at the time of the stop.

The Defendant was operating a 1981 Buick automobile with tinted windows. The Court must reject the characterization...

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