Page 54 - May June 2019 TPA Journal

temporary plates to be suspicious. However, after suspicion. However, the Government significantly
being pressed by the magistrate judge he stated overstates how familiar Agent Perez was with the
paper plates could indicate someone attempting to local traffic, as Agent Perez only said he
avoid detection. What Agent Perez did find recognized some vehicles, not that he recognized
unusual was the fact that the vehicle was most. Further, Agent Perez did not actually testify
registered to an individual rather than a company, that he did not recognize the truck, as it was a
as well as the fact that the truck was from Houston common type of vehicle to be in that area and he
and FM 2050 was not the most direct route to found nothing suspicious about it until after
Houston. Freeman argues the district court running the license plate check.
properly accorded little to no weight to these
factors. Freeman argues that the reasoning behind 6. Agent Perez’s Experience.
paper plates contributing to reasonable
The remaining factor is Agent Perez’s experience,
suspicion—that a driver might wish to evade
which, after proximity to the border, is likely the
detection—does not apply in this case because
most important factor because the facts are to be
when Agent Perez’s partner ran the license plate, it
viewed through the eyes of an objective officer
turned up current information. The Government
with Agent Perez’s experience. The parties diverge
counters that Freeman is simply considering this
in how they characterize Agent Perez’s experience.
fact in isolation and not how an objective officer
Freeman contends that the district court correctly
would view the situation. However, Freeman’s
concluded that Agent Perez was inexperienced at
interpretation appears bolstered by the fact that, at
detecting illegal activity. The Government
the time of the stop, Agent Perez did not find the
contends that with over 8 years of experience at the
paper license plates to be anything unusual. The
checkpoint and twenty to thirty stops on this
facts must be taken together (both the paper plates
specific road, Agent Perez should be considered to
and the current registration) and viewed in the
have extensive experience. However, it is not
light most favorable to Freeman—meaning paper
simply the agent’s time on the job that is relevant,
license plates under these specific circumstances
but the agent’s experience in detecting illegal
deserve little weight.
activity. Viewed in the light most favorable to
Freeman next notes that the assumption that it is Freeman, Agent Perez’s experience as it pertained
suspicious to travel an indirect route to where the to detecting illegal activity on roving patrol stops
car is registered “cannot be made. Even if such an should be viewed in a much more constrained way.
assumption were ‘reasonable,’ it simply is not It is undisputed Agent Perez drove FM 2050
unusual that the particular route chosen by a driver “numerous times,” but that he made only two to
does not coincide with a route Border Patrol three successful stops over the course of eight
Agents consider more direct or common. This is years. When these facts are considered in context
especially true when the driver is from another with the normal number of stops on FM 2050, it
part of the state.” To the extent that Freeman’s suggests Agent Perez had very little experience
decision to take an indirect route to Houston detecting illegal activity. Agent Perez testified that
affects the reasonable suspicion analysis, it is agents conducted approximately ten to twenty
encompassed within the fact that FM 2050 is a stops per week. Taking the low range of this
known smuggling route. estimate, that would mean approximately 4,160
stops were conducted during his tenure at the Freer
The Government mentions several times the fact checkpoint. Even assuming Agent Perez made
that Agent Perez did not recognize Freeman’s thirty stops, he participated in only a fraction of the
truck and argues this weighs in favor of reasonable stops along FM 2050, and, out of the few stops he

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