United States v. Cano
United States Court of Appeals for the Ninth Circuit
934 F.3d 1002 (2019)
- Written by Arlyn Katen, JD
Facts
Customs and Border Protection (CBP) officials stopped Miguel Cano (defendant) at the border on his way from Tijuana, Mexico, to San Diego, California. During a randomly assigned inspection, a drug dog alerted to the spare tire underneath Cano’s truck. A CBP official removed the spare tire and found cocaine. CBP officials arrested Cano, administratively seized Cano’s cell phone, and called Homeland Security Investigations, which dispatched two agents to investigate. The agents briefly reviewed Cano’s phone, and they noted a long record of calls but no text-message history. The agents then wrote down some of the phone numbers and photographed two texts that arrived while Cano was stopped. Finally, the agents conducted a Cellebrite search to download the phone’s texts, contacts, call logs, media, and application data. Cano was charged with importing cocaine. The district court denied Cano’s motion to suppress the evidence obtained from the agents’ warrantless search of his phone at the border. After Cano’s first trial resulted in a hung jury, Cano was convicted at his second trial. Cano appealed.
Rule of Law
Issue
Holding and Reasoning (Bybee, J.)
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