Page 27 - Jan Feb TPA Journal

that area. Based on these observations, Agent Pinon the totality of the circumstances provided Agent
stopped the truck. From the foregoing facts, the Pinon with reasonable suspicion, warranting his stop
district court held that Agent Pinon had a reasonable of Zamora. We agree. Agent Pinon encountered
suspicion to stop Zamora and denied the motion to Zamora along a stretch of interstate well known as a
suppress. drug trafficking corridor and loading zone. Agents
The district court then held a bench trial on Pinon and Cardiel have fifteen and fourteen years of
stipulated facts. The court found Zamora guilty and experience, respectively, as Border Patrol agents in
sentenced him to five years’ probation. During trial, the Fort Hancock area. Such experience “inform[s]
Zamora expressly reserved his right to appeal the our assessment of the circumstances likely to arouse
denial of his motion to suppress. Zamora now appeals suspicion in the area.” Drawing upon this experience,
that decision. Agent Pinon testified that drug smugglers often
“A temporary, warrantless detention of an transport their illicit wares to waiting vehicles on
individual constitutes a seizure for Fourth Interstate 10 and then return over the border to avoid
Amendment purposes and must be justified by detection by the border patrol. The interstate’s
reasonable suspicion that criminal activity has taken proximity to the border facilitates this pattern of
or is currently taking place . . .” “A border patrol activity. At mile marker 81, Interstate 10 is three
agent conducting a roving patrol may make a miles or less from the border. See id. (holding that
temporary investigative stop of a vehicle only if the “[p]roximity to the border is a paramount factor”
agent is aware of specific articulable facts, together (internal quotation marks and citation omitted)).
with rational inferences from those facts, that Agent Pinon also explained that smugglers along this
reasonably warrant suspicion that the vehicle’s stretch of highway frequently turnaround and drive
occupant is engaged in criminal activity.” westbound in order to avoid the Border Patrol
“Reasonable suspicion requires more than merely an checkpoint east of Fort Hancock, exactly as Zamora
unparticularized hunch, but considerably less than did here. Additionally, the color and type of vehicle
proof of wrongdoing by a preponderance of the Zamora was driving contributed to Agent Pinon’s
evidence.” suspicion because drug smugglers commonly used
When determining whether reasonable suspicion vehicles with those characteristics.
existed, we examine the totality of the circumstances The fifth factor—information about recent illegal
and weigh the factors established in Brignoni-Ponce. trafficking in the area—is especially important in this
Factors that may be considered include: (1) the case. Agent Pinon did not just happen upon Zamora;
characteristics of the area in which the vehicle is instead, Agent Pinon was responding to a radio call
encountered; (2) the arresting agent’s previous offering specific information about potential
experience with criminal activity; (3) the area’s trafficking activity heading for the precise location he
proximity to the border, (4) the usual traffic patterns encountered Zamora. Zamora counters that there was
on the road; (5) information about recent illegal no evidence of illegal activity, but Agent Pinon
trafficking in aliens or narcotics in the area; (6) the testified that horseback riders were uncommon in that
appearance of the vehicle; (7) thedriver’s behavior; area, especially at 5:00 a.m. Moreover, Agent Pinon
and, (8) the passengers’ number, appearance, knew that a sensor had indicated activity along the
and behavior. border at a time of night offering traffickers the
These factors are not exclusive nor is any single advantages of darkness and an impending Border
factor dispositive. “[E]ach case must be examined Patrol shift change. In sum, Agent Pinon encountered
based on the totality of the circumstances known to a vehicle that he had strong reason to suspect of being
the agents at the time ofthe stop and their experience involved in drug trafficking that he then observed
in evaluating such circumstances.” “Factors that following a pattern of behavior typical of drug
ordinarily constitute innocent behavior may provide a traffickers. We therefore agree with the district court
composite picture sufficient to raise reasonable that Agent Pinon acted on more than “an
suspicion in the minds of experienced officers.” unparticularized hunch.”
In the instant case, the district court found that Zamora offers two counterarguments. First, he

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