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(Download) "Ortega v. Safeway Stores Inc." by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free

Ortega v. Safeway Stores Inc.

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eBook details

  • Title: Ortega v. Safeway Stores Inc.
  • Author : United States Court of Appeals for the Tenth Circuit
  • Release Date : January 30, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

Defendant Heriberto Fernandez Monsisvais entered a conditional guilty plea to a charge of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). He reserved the right to appeal the denial of his motion to suppress the introduction into evidence of the marijuana he was accused of possessing. On that appeal, another panel of this court reversed the district courts determination that the marijuana was admissible. See United States v. Monsisvais, 907 F.2d 987 (10th Cir. 1990) [hereinafter Monsisvais I ]. A majority of the prior panel held that the stop of defendants vehicle was unlawful because "the totality of the specific articulable facts presented in this case, together with the rational inferences to be drawn therefrom, do not reasonably warrant suspicion that appellants vehicle contained persons illegally in the country." Id. at 992.


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