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insurance status.” They further testified that “[i]n records in the database are kept, and noted that he
their experience, 80% to 85% of the vehicles that was familiar with these records. He explained that
have an ‘unconfirmed’ insurance status do not “with the knowledge and experience of working,”
have valid insurance” and that while he knows the vehicle is uninsured when an
“unconfirmed” occasionally means the vehicle “unconfirmed” status appears because the
was insured very recently, the database was computer system will either return an “insurance
generally accurate and reliable. confirmed” or “unconfirmed” response. When
Broca-Martinez’s attorney questioned the
[citing to another case] (finding database system’s reliability, Officer Leal confirmed that it
information insufficient to establish reasonable was usually accurate. (“Q: So, in other words, he
suspicion because there was no “evidence could have or not have insurance, correct? A:
developing the source of the information No.”) (“Q: You asked him for his insurance? A:
comprising the database, explaining what was Not that I recall. I already knew that the vehicle
meant when insurance information was wasn’t insured.”) (“Q: I mean reports are
unavailable, . . . [or] illustrating the accuracy of sometimes inaccurate, right? A: For the most part,
the database”); State v. Daniel, 446 S.W.3d 809, no.”).
815 (Tex. App.—San Antonio 2014, no pet.);
Contraras v. State, 309 S.W.3d 168, 173 (Tex. Even if Officer Leal was not positive Broca-
App.—Amarillo 2010, pet. ref’d). But although Martinez was uninsured, he cleared the bar for
states may “impos[e] more stringent constraints reasonable suspicion. An officer does not have to
on police conduct than does the Federal be certain a violation has occurred. “This would
Constitution,” this does not dictate our Fourth raise the standard for reasonable suspicion far
Amendment analysis. California v. Greenwood, above probable cause or even a preponderance of
486 U.S. 35, 43 (1988). the evidence, in contravention of the Supreme
Even so, Broca-Martinez’s case is distinguishable Court’s instructions.”
from Gonzalez-Gilando;
here, there was testimony regarding Officer U.S. v. Broca-Martinez, No. 16-40817, 5 th Cir.
Leal’s experience with the database and April 28, 2017.
suggesting the system was reliable. (emphasis by
ed.)
SEARCH & SEIZURE, TRAFFIC STOP,
We agree with the other circuits that have REASONABLE SUSPICION
confronted this question. A state computer
database indication of insurance status may In this consolidated action, Jorge Robles-Avalos
establish reasonable suspicion when the officer is and Ismael Guevara-Lopez appeal their
familiar with the database and the system itself is convictions on the sole ground that their traffic
reliable. If that is the case, a seemingly stop lacked reasonable suspicion. We find no error
inconclusive report such as “unconfirmed” will be and affirm.
a specific and articulable fact that supports a
traffic stop. Viewed in the light most favorable to Defendants were passengers in a car stopped by
the government, Officer Leal’s testimony provides Border Patrol Agent Barry McLain while he was
sufficient support for the reliability of the on roving patrol west of Marfa, Texas. McLain
database. Officer Leal explained the process for had been an agent for eight years, all at the Marfa
inputting license plate information, described how Station. Around midnight, he saw a Chrysler 300

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