United States v. Garcia
4:16-cr-02150
D. Ariz.May 8, 2017Background
- Border Patrol Agent Schwenkhoff (14 years’ experience) in an unmarked vehicle observed a maroon Ford Windstar minivan on the Tohono O’odham Reservation near the international border during targeted enforcement.
- First encounter: minivan nearly stopped at a cattle guard well before a stop sign; driver turned and gave an exaggerated wave when she noticed the agent.
- Agent lost and then reestablished visual contact ~15 minutes later at a different intersection; the same minivan passed without acknowledging the agent and the driver appeared rigid and uncomfortable.
- While following, the agent observed increased rear suspension bounce over potholes and difficulty keeping the vehicle in its lane on an S-curve; the van appeared heavily loaded though only two front-seat occupants were visible.
- Agent stopped the minivan based on these observations and his training; 98 kg of marijuana were later found in the rear. The magistrate judge recommended denial of Hendricks’s motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigatory stop was supported by reasonable suspicion | Schwenkhoff: totality (border proximity, known smuggling area, odd driver behavior, vehicle handling) justified stop | Hendricks: observed facts were innocent; vehicle could carry extra weight so handling not probative; conduct insufficient | Stop was supported by reasonable suspicion under the totality of circumstances |
| Weight of proximity to border and area reputation | Govt: proximity and known smuggling activity are relevant factors | Def: many lawful travelers use route; proximity alone is weak | Proximity and reputation given little weight but considered as part of totality |
| Significance of driver’s contrasting behaviors | Govt: exaggerated wave then later rigid posture supports suspicion | Def: driver's actions could be innocent and not strongly incriminating | Court found contrasting behaviors highly probative and supporting suspicion |
| Significance of vehicle handling and load appearance | Govt: pronounced rear bounce and swaying indicated heavy hidden load | Def: vehicle capacity and luggage allowance could explain handling; 200 lbs of contraband not necessarily causative | Court credited agent’s observations and found handling characteristics admissible in reasonable-suspicion calculus |
Key Cases Cited
- Hensley v. United States, 469 U.S. 221 (investigative stops without probable cause permissible on reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (police may briefly stop to investigate reasonable suspicion)
- United States v. Cortez, 449 U.S. 411 (reasonable-suspicion totality-of-the-circumstances test)
- United States v. Sokolow, 490 U.S. 1 (totality-of-the-circumstances analysis for stops)
- Arizona v. Arvizu, 534 U.S. 266 (aggregate of innocuous factors can create reasonable suspicion)
- United States v. Valdes-Vega, 738 F.3d 1074 (officers’ training and experience considered in analysis)
- Brignoni-Ponce v. United States, 422 U.S. 873 (driver behavior can be relevant to suspicion of smuggling)
- United States v. Montero–Camargo, 208 F.3d 1122 (inferences from agent experience must be objectively reasonable)
- United States v. Berber-Tinoco, 510 F.3d 1083 (list of border-stop relevant factors)
- United States v. Manzo-Jurado, 457 F.3d 928 (route frequency by smugglers vs. lawful travelers affects probative value)
- United States v. Rodriquez, 976 F.2d 592 (context for evaluating border-patrol suspicions)
- United States v. Sigmond-Ballesteros, 285 F.3d 1117 (large categories of innocent travelers weaken suspicion from location alone)
- United States v. Diaz-Juarez, 299 F.3d 1138 (vehicle bounce can indicate hidden load)
- United States v. Garcia-Camacho, 53 F.3d 244 (vehicle reaction to bumps probative of heavy load)