Legal Opinion

United States v. Abel Aguirre Mariscal

Court of Appeals for the Ninth Circuit

Decided April 1, 2002No. 01-10326PublishedCited by 64 opinions

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…

2Cases cited18 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. United States of America,plaintiff-Appellee v. Armando Lopez-SotoCourt of Appeals for the Ninth Circuit · 2000
  3. UNITED STATES of America, Plaintiff-Appellee, v. Richard J. SMITH, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  4. Thomas R. Lussier v. Marvin Runyon, United States Postmaster General, Thomas R. Lussier v. Marvin Runyon, United States Postmaster GeneralCourt of Appeals for the First Circuit · 1995
  5. United States v. Joe Davis TwilleyCourt of Appeals for the Ninth Circuit · 2000

13 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Navajo Nation v. James W. Norris Gayle Norris v. Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiff-Intervenor. Navajo Nation v. James W. Norris Gayle Norris v. Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiff-Intervenor-AppellantCourt of Appeals for the Ninth Circuit · 2003
  2. Navajo Nation v. NorrisCourt of Appeals for the Ninth Circuit · 2003
  3. Liberal v. EstradaCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. Eric Colin, United States of America v. Efrain Estrada-NavaCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. Howard CottermanCourt of Appeals for the Ninth Circuit · 2013

59 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API