Page 31 - TPA Journal November-December 2018
P. 31
After being charged, defendants filed a joint pickup spot. He had made three other arrests there
motion to suppress. After a hearing, the magistrate in the previous two weeks and knew of several
judge issued a recommendation to deny the more by other officers.
motion, which the district court adopted. When combined with other factors, it also
contributes to the reasonable-suspicion analysis
For reasonable suspicion to stop a vehicle while that it was midnight. The only usual traffic at that
on roving patrol, an agent must be “aware of
time of night is local ranch vehicles, and McLain,
specific articulable facts, together with rational though admitting he did not know every local
inferences from those facts, that reasonably
vehicle, did not recognize the Chrysler. And a
warrant suspicion that the vehicle’s occupant is
sedan stood out from the typical truck or SUV
engaged in criminal activity.” The district court used by ranchers.
found this test satisfied, as do we.
Further, the driver was going well below the
In United States v. Brignoni-Ponce, 422 U.S. 873, posted speed limit, was tap-ping the brakes as
884−85 (1975), the Court outlined factors to
though lost or searching for something along the
consider for reasonable suspicion. This circuit has
road, pulled over at a known pickup point, and
distilled from that case several relevant looked into the distance. Then, when McLain
considerations, including
again saw the vehicle a short time later, numerous
additional passengers had appeared. The first
(1) the area’s proximity to the border; (2) the
factor of proximity to the border is not satisfied,
characteristics of the area; (3) usual traffic
but its absence is outweighed by the presence of
patterns; (4) the agents’ experience in detecting other articulable facts that, together, adequately
illegal activity; (5) the driver’s behavior; (6) the
support reasonable suspicion. Moreover, as
aspects or characteristics of the vehicle; (7) noted, the hiking distance from the border was
information about recent illegal trafficking of
only twenty-five miles.
aliens or narcotics in the area; and (8) the number
of passengers and their appearance and behavior. Although many of the individual factors here may
be innocent enough when seen in isolation, we are
Instead of looking at the factors as a checklist, we
satisfied, viewing the totality of the circum-
examine the “totality of the circumstances” to see stances in the light most favorable to the
whether the agent had a “particularized and
government, that the stop was sup-ported by
objective basis” for his suspicion. He is permitted
reasonable suspicion.
to “draw on [his] own experience and specialized
training to make inferences from and deductions U.S. v. Robles-Avalos, No. 17-51037, 5 th Cir.,
about the cumulative information available to July 12, 2018.
[him] that ‘might well elude an untrained
person.’” ***************************************
*********************************
The totality of the circumstances supports the
denial of the motion to suppress. When a route is AGG. ASSAULT – ELEMENTS
commonly known to be used for smuggling, that
Robert Rodriguez assaulted a man, shattering the
weighs in favor of reasonable suspicion. McLain
victim’s knee and causing him serious bodily
testified that, having patrolled the relevant area for
injury. Rodriguez contends that, while he intended
eight years, he knew that the stretch of Highway
to cause some bodily injury to the victim, he did
90 near the aerostat balloon is a frequently used
not honestly believe that his actions would result
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