Defendant\u2019s tractor trailer was first subjected to a dog sniff a border crossing. When the dog alerted, they x-rayed the cab of the truck with a backscatter device, revealing probable packages of drugs, which were found. When the defendants were arrested, they were relieved of their property, and a cell phone was taken from one. The phone was searched while he was locked up, and pictures of the marijuana were found on the phone. The search incident of the cell phone was valid under Fifth Circuit precedent. [The cell phone was not discussed as being searched under the border exception.] United States v. Rodriguez, 2011 U.S. Dist. LEXIS 100433 (S.D. Tex. September 6, 2011).*<\/p>\n
Defendant\u2019s car made a u-turn just before a border checkpoint in Texas. The car didn\u2019t belong to any of the locals. When stopped by the Border Patrol the passengers and their backpack looked like they\u2019d been walking in the brush. The stop was with reasonable suspicion and ripened as the facts became known. United States v. Gamez, 2011 U.S. Dist. LEXIS 100307 (S.D. Tex. September 6, 2011).*<\/p>\n
Defendant\u2019s sister clearly was trying to aid law enforcement in arresting defendant, but she did it all on her own without any direction from law enforcement, so she was not an agent of the police. United States v. Strange, 2011 U.S. Dist. LEXIS 100247 (W.D. Mo. April 26, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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