United States of America v. Sealed Juvenile 1

EMILIO M. GARZA, Circuit Judge:

This case presents the question of whether a United States Customs Service agent can detain someone for driving recklessly on the highway. We hold that a Customs agent enjoys the right of citizen’s arrest if the erratic driving occurs in his presence and constitutes a breach of the peace under state law. Accordingly, we affirm the district court’s denial of the motion to exclude incriminating evidence obtained as a result of the valid citizen’s arrest.

I

Richard 0. Rivera (“Rivera”), a senior special agent at the Falcon Heights, Texas office of the United States…