Wrongly Convicted Database Record
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Charge: |
Drug importation into country |
Sentence: |
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Years Imprisoned: |
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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)." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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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