United States v. Andres Lopez-Cruz
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
REINHARDT, Circuit Judge:
When Andres Lopez-Cruz (“Lopez”) gave a border patrol agent permission to “look in” or “search” the two cell phones he had with him, the agent did not ask him whether he would also consent to the agent’s answering any incoming calls. Nonetheless, when one of the phones rang while the agent was conducting his search, he answered it, passing himself off as Lopez. By answering the call, the agent obtained information leading to Lopez’s arrest and felony charges of conspiracy to transport illegal aliens under 8 U.S.C. § 1324(a)(l) (A) (ii) and (v)(I). Lopez moved…
2Cases cited25 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- United States v. RaddatzSupreme Court of the United States · 1980
- Florida v. JimenoSupreme Court of the United States · 1991
- Samuel Martinez-Serrano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
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3Cited by28 opinions
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- United States v. Miguel Escamilla, Jr.Court of Appeals for the Fifth Circuit · 2017
- United States v. CaballeroDistrict Court, S.D. California · 2016
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