Roger W. Miller - Page 11

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               459; Grimes v. Commissioner, supra at 289.  Estimations of                               
               an officer's zone of primary interest might also include                                 
               whether an officer likely contemplated the particular                                    
               challenged use of the evidence at the time of seizure and,                               
               if so, whether such use likely motivated him or her.  See                                
               Tirado v. Commissioner, supra at 311.                                                    
                   As a member of the Border Patrol, Reese's primary                                    
               function was to enforce immigration laws of the United                                   
               States.  As a secondary function, Reese was authorized by                                
               the DEA and Customs Service to enforce certain Federal                                   
               narcotics and currency laws.  On the day of the subject                                  
               search and seizure, Reese was assigned to surveillance at                                
               the Bellingham airport and bus station.  Considering his                                 
               primary and secondary functions and specific assignment on                               
               the day the search and seizure occurred, we conclude that                                
               tax concerns were not within Reese's zone of primary                                     
               interest.  See Grimes v. Commissioner, supra at 290                                      
               (enforcement of civil tax law secondary to FBI agent);                                   
               Tirado v. Commissioner, supra at 314 (DEA agents have no                                 
               general motivating interest to assist enforcement of civil                               
               tax obligations).                                                                        
                   Although incongruous conduct of a seizing officer might                              
               affect our determination of an officer's zone of primary                                 
               interest, e.g., Tirado v. Commissioner, supra at 312, we                                 





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