U.S. v. Eylicio-Montoya, EYLICIO-MONTOY

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore HENRY and McKAY; HENRY
Citation70 F.3d 1158
PartiesUNITED STATES of America, Plaintiff-Appellant, v. Tomasitaefendant-Appellee.
Docket NumberNo. 94-2181,EYLICIO-MONTOY,D
Decision Date22 November 1995
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71 practice notes
  • U.S. v. Olivares-Rangel, No. 04-2194.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 11, 2006
    ...detention and seek to suppress evidence found in that vehicle as the fruit of the illegal detention); United States v. Eylicio-Montoya, 70 F.3d 1158, 1162 (10th Cir. 1995) Contrary to our conclusion, the Third and Fifth Circuits have expressly concluded that, at least absent egregious circu......
  • U.S. v. Crisp, No. 2:07-cr-95-FtM-34SPC.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • February 21, 2008
    ...neither owns nor rents, regardless of whether the driver owns or rents it. Rakas, 439 U.S. at 130, 99 S.Ct. 421; U.S. v. Eylicio-Montoya, 70 F.3d 1158, 1162 (10th Cir.1995). On the other hand, a driver using a vehicle with the permission of an absent owner, has been found to possess a reaso......
  • U.S. v. Garcia Hernandez, Civil No. 2:96-CR-76C.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • December 17, 1996
    ...in any event, Villagomez could challenge the stop United States v. Erwin, 875 F.2d 268 (10th Cir.1989); United States v. Eylicio-Montoya, 70 F.3d 1158, 1163-64 (10th Cir.1995) and detention. United States v. Shareef, 100 F.3d 1491 (10th Cir.1996); United States v. Miller, 84 F.3d 1244, 1250......
  • U.S. v. Bennett, No. 01-8101.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 22, 2003
    ...seizure." United States v. Calandra, 414 U.S. 338, 347, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974); see also United States v. Eylicio-Montoya, 70 F.3d 1158, 1165 (10th Cir.1995) (detailing exceptions to the remedy of suppression for Fourth Amendment violations). "When reviewing a district court's ......
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71 cases
  • U.S. v. Olivares-Rangel, No. 04-2194.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 11, 2006
    ...detention and seek to suppress evidence found in that vehicle as the fruit of the illegal detention); United States v. Eylicio-Montoya, 70 F.3d 1158, 1162 (10th Cir. 1995) Contrary to our conclusion, the Third and Fifth Circuits have expressly concluded that, at least absent egregious circu......
  • U.S. v. Crisp, No. 2:07-cr-95-FtM-34SPC.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • February 21, 2008
    ...neither owns nor rents, regardless of whether the driver owns or rents it. Rakas, 439 U.S. at 130, 99 S.Ct. 421; U.S. v. Eylicio-Montoya, 70 F.3d 1158, 1162 (10th Cir.1995). On the other hand, a driver using a vehicle with the permission of an absent owner, has been found to possess a reaso......
  • U.S. v. Garcia Hernandez, Civil No. 2:96-CR-76C.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • December 17, 1996
    ...in any event, Villagomez could challenge the stop United States v. Erwin, 875 F.2d 268 (10th Cir.1989); United States v. Eylicio-Montoya, 70 F.3d 1158, 1163-64 (10th Cir.1995) and detention. United States v. Shareef, 100 F.3d 1491 (10th Cir.1996); United States v. Miller, 84 F.3d 1244, 1250......
  • U.S. v. Bennett, No. 01-8101.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 22, 2003
    ...seizure." United States v. Calandra, 414 U.S. 338, 347, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974); see also United States v. Eylicio-Montoya, 70 F.3d 1158, 1165 (10th Cir.1995) (detailing exceptions to the remedy of suppression for Fourth Amendment violations). "When reviewing a district court's ......
  • Request a trial to view additional results

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