Legal Opinion · Dissent

United States v. Marco Tulio Del Aguila-Reyes

Court of Appeals for the Fifth Circuit

Decided December 23, 1983No. 83-2176Published

1DissentAlvin B. Rubin, Circuit Judge

The government certainly adduced evidence that tended to incriminate the defendant. But much was lacking to prove him guilty beyond reasonable doubt. Perfume apparently could not be smelled from the driver’s seat or anywhere else unless someone crawled under the truck and probed a crack in a compartment with a clothes-hanger. Customs officials did not know whether or where to probe until their dog directed their attention to the compartment beneath the vehicle. That compartment was not visible to the driver or readily accessible by him. It was a factory-built unit, installed to reduce road…

2Cases cited9 opinions

  1. United States v. Juan Andres Sotelo Martinez, United States of America v. Randolph Stephens AKA Randolph Sidle (True Name)Court of Appeals for the Ninth Circuit · 1975
  2. United States v. Juan Octavio Pena GonzalezCourt of Appeals for the Fifth Circuit · 1983
  3. United States v. David Edward Maspero, Frank Mejia Ruiz, and Roger PachecoCourt of Appeals for the Fifth Circuit · 1974
  4. United States v. Robert FonsecaCourt of Appeals for the Fifth Circuit · 1974
  5. United States v. Elvia Escamilla MorenoCourt of Appeals for the Fifth Circuit · 1978

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