Buckner

United States v. Buckner

Good Law
179 F.3d 834·99 Daily Journal DAR 5831·1999 WL 374082·1999 U.S. App. LEXIS 11898·99 Cal. Daily Op. Serv. 4538
United States Court of Appeals for the Ninth CircuitJune 10, 1999No. 98-50369California2,800 words

Opinion

Lead Opinion

Magill, J.

The United States appeals the district court’s decision granting Kendra Lynn Murry’s motion to suppress her post-arrest statements. Border agents stopped the car in which Murry was riding as the sole passenger as it crossed the United States-Mexico border. Upon inspection, agents discovered thirty-seven pounds of marijuana hidden in the car. Agents arrested both the driver and Murry. After being arrested, Murry made several incriminating statements. Murry moved to suppress these statements, arguing that her arrest was unlawful and that the statements she made were obtained as the fruit *836 of the unlawful arrest. The district court agreed with Murry and suppressed the statements. We reverse the district court’s decision.

I.

On January 23, 1998, James Lowell Buckner, Murry’s companion, drove a Chevrolet Sprint with California license plates from Mexico to the United States through the San Ysidro Port of Entry (Port) in San Diego, California. Murry was the sole passenger and was seated in the front passenger seat.

Border agents stopped the car at the Port for primary inspection. Buckner and Murry told Immigration and Naturalization Service (INS) inspector Tyrone Jef-fries that…

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