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United States v. Lizarraga-Tirado

United States Court of Appeals for the Ninth Circuit
789 F.3d 1107 (2015)


Lizarrago-Tirado (defendant) was arrested for illegal reentry into the United States near the United States–Mexico border. Lizarrago-Tirado claimed that at the time he was arrested, he was still in Mexico. One of the agents who arrested Lizarrago-Tirado, Garcia, said she used a handheld Global Positioning System (GPS) device at the location where she arrested Lizarrago-Tirado, and she recorded the coordinates. At Lizarrago-Tirado’s trial, Garcia testified that she had recorded the coordinates, and the prosecution used a satellite image from Google Earth with a tack representing the coordinates Garcia recorded, which was indisputably on the United States side of the border. Lizarrago-Tirado cross-examined Garcia on the accuracy of the recorded coordinates, and he objected to the Google Earth image as hearsay. The trial court overruled Lizarrago-Tirado’s objection and admitted the image. Following his conviction, Lizarrago-Tirado appealed, arguing that the Google Earth image was inadmissible hearsay.

Rule of Law


Holding and Reasoning (Kozinski, J.)

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