United States Ninth Circuit

The district court's denial of defendant's motion to suppress evidence of cocaine found as a result of border patrol agents' stop of a vehicle on a highway linked to the United States-Mexico border is affirmed, by an en banc court, where: 1) in light of the totality of the circumstances, the two experienced border patrol agents, who observed a truck with foreign plates driving in a suspicious manner in an area frequented by smugglers, had a reasonable, particularized basis for suspecting that the defendant was smuggling contraband, justifying the stop; and 2) prior decisions holding that certain factors are per se not probative or are per se minimally probative do not now comply with Supreme Court precedent.

Appellate Information

• Decided 12/24/2013
• Published 12/24/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel