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U.S. v. HIGAREDA-SANTA CRUZ

Crim. No. 92-140-PA.

826 F.Supp. 355 (1993)

UNITED STATES of America, Plaintiff, v. Avelino HIGAREDA-SANTA CRUZ, Defendant.

United States District Court, D. Oregon.

May 7, 1993.

Attorney(s) appearing for the Case

Charles H. Turner, U.S. Atty., John C. Laing, Sp. Asst. U.S. Atty., Portland, OR, for plaintiff.

Steven Jacobson, Asst. Federal Public Defender, Portland, OR, for defendant.

OPINION

PANNER, District Judge.

Defendant Avelino Higareda-Santa Cruz is charged with one count of possessing cocaine with intent to distribute. He moves to suppress evidence and statements. I grant his motion.

FINDINGS OF FACT

At about 2 a.m. on October 7, 1992, Oregon State Police Trooper Frank Hagen was sitting in his parked car at milepost 248 on Interstate 5, three miles south of Salem. He saw defendant driving northbound in a 1984...

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