United States v. Gerardo Bueno-Vargas

GRABER, Circuit Judge:

Does a customs agent’s statement of probable cause to detain an arrested person pending further proceedings, made under penalty of perjury and sent to a magistrate judge by facsimile (fax), satisfy the Fourth Amendment’s requirement of an “Oath or affirmation”? We answer that question “yes” and, accordingly, affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On a Friday morning, border officials stopped Defendant Gerardo Bueno-Vargas when he attempted to enter the United States by car from Mexico at the Calexico Port of Entry in Imperial County, California. Defendant’s car was…