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U.S. v. ELLIS

No. 02-50556.

330 F.3d 677 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Cliff Rondale ELLIS, a/k/a Stanley Jamal Kinard, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 8, 2003.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, San Antonio, TX, for Defendant-Appellant.

Before SMITH, DENNIS and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

The controlling issue in this case is whether, after Border Patrol agents have completed a programmatic immigration check of bus passengers, those agents may continue to detain the passengers, absent individualized suspicion, to look for drugs. Because we have previously held that this type of continued detention violates the Fourth Amendment, see United States v. Portillo-Aguirre, 311 F.3d 647 (5th...

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