Wrongly Convicted Database Record

 

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Miguel Angel Cano

 

Charge:

Drug importation into country

Sentence:

Years Imprisoned:

Year Crime:

2016

Year Convicted:

2018

Year Cleared:

2019

U.S. State or Country of Crime:

California - Federal Case

County or Region of Crime:

San Diego

City of Crime:

San Diego

Result:

Judicially Exonerated

Summary of Case:

"Miguel Angel Cano was wrongly convicted in U.S. District Court in San Diego, California of the federal charge of importing cocaine on July 25, 2016 when he crossed the border from Tijuana, Mexico into the U.S. Cano's prosecution was based on what a Customs and Border Protection official found when the official " official removed the spare tire from the undercarriage of the truck and discovered 14 vacuum-sealed packages inside, containing 14.03 kilograms (30.93 pounds) of cocaine." Cano was arrested and his cell phone was seized and first manually examined, and then its contents were forensically examined. Information gleaned from that forensic examination was used to prosecute Cano. The trial judge denied Cano's motion to suppress the search of his cell phone. After his conviction Cano appealed. On August 16, 2019 the Ninth Circuit Court of Appeals vacated Cano's conviction based on its analysis customs officials did not have a "reasonable suspicion" to forensically examine Cano's cell phone. Quote from United States v. Cano, No. 17-50151 (9th cir. 8-16-2019)."

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"United States v. Cano, No. 17-50151 (9th cir. 8-16-2019) (Forensic search of cell phone requires reasonable suspicion it contains contraband)"

Information Location 1:

https://law.justia.com/cases/federal/appellate-courts/ca9/17-50151/17-50151-2019-08-16.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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