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  5. 39 F.Supp.2d 808 (1999)
 

U.S. v. RUBIO-HERNANDEZ

Nos. P-97-CR-211-F, P-98-CR-171-F.

39 F.Supp.2d 808 (1999)

UNITED STATES of America v. Luis Arturo RUBIO-HERNANDEZ. United States of America v. Rigoberto Hernandez-Vizcaino.

United States District Court, W.D. Texas, Pecos Division.

March 2, 1999.

Attorney(s) appearing for the Case

Fred C. Brigman, Assistant U.S. Attorney, Alpine, TX, for United States.

Kurt J. Mayer, Assistant Federal Public Defender, El Paso, TX, for defendants.

MEMORANDUM OPINION AND ORDER

FURGESON, District Judge.

How do we balance our Fourth Amendment rights, which "belong in the catalog of indispensable freedoms," Brinegar v. United States, 338 U.S. 160, 180, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949) (Jackson, J., dissenting) with our legitimate need to prevent alien and drug smuggling across our borders? As Justice Powell observed:

There can be no question as...

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