United States v. Abel Aguirre Mariscal
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
FERNANDEZ, Circuit Judge.
Abel Aguirre Mariscal appeals his conviction for being an illegal alien in possession of a firearm. See 18 U.S.C. §§ 922(g)(5)(A); 924(a)(2). He contends that the district court erred when it denied his motion to suppress evidence derived from a car stop which was not based on reasonable suspicion. We agree and reverse.
BACKGROUND
On October 6, 2000, Officers Luebkin, Crosier, Knudson and Wetzel of the Phoenix Police Department’s Special Assignments Unit (SAU) were conducting undercover surveillance of a residence and a vehicle parked at that residence in the…
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