United States v. Amalia Olivares

AINSWORTH, Circuit Judge:

Amalia Olivares was convicted, after a trial to the district court, on six counts of knowingly transporting aliens know ing them to be in the United States illegally, in violation of 8 U.S.C. § 1324. 1 We find that the search forming the basis of her conviction was conducted without probable cause; and we reverse.

In the district court the parties stipulated, in effect, that, if the six aliens named in the indictment were called as witnesses, they would testify to events constituting the substantive elements-of the offenses charged against defendant. 2 The stipulation…