Legal Opinion
United States v. Enrique Nava
Court of Appeals for the Ninth Circuit
Decided April 8, 2004No. 03-50364PublishedCited by 23 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge:
Today we once again hold that an individual is not arrested but merely detained when, at the border, he is asked to exit his vehicle, briefly handcuffed while escorted to the security office, uncuffed, patted down, and required to wait while his vehicle is searched.
I. Facts
On December 1, 2002, at around 8:50 p.m., defendant Enrique Nava drove to the San Ysidro, California port of entry into the United States. Inspectors Santiago and Sloat were patrolling cars in “prepri-mary” — an area where cars'are lined up to approach a primary inspection booth— when their…
2Cases cited15 opinions
- Dunaway v. New YorkSupreme Court of the United States · 1979
- United States v. RamseySupreme Court of the United States · 1977
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
- United States v. Flores-MontanoSupreme Court of the United States · 2004
- United States v. Elizabeth Gonzalez-RinconCourt of Appeals for the Ninth Circuit · 1994
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Guzman-PadillaCourt of Appeals for the Ninth Circuit · 2009
- State v. CampbellCourt of Appeals of North Carolina · 2008
- United States v. Nikos Delano DorseyCourt of Appeals for the Ninth Circuit · 2005
- United States v. Juan PriceCourt of Appeals for the Ninth Circuit · 2019
- Rosenbaum v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2007
18 more not listed; retrieve them via the Exa API.