United States v. Jose Garza
2013 U.S. App. LEXIS 17515
| 5th Cir. | 2013Background
- Border Patrol Agent Onesimo Guerrero, on roving patrol near Roma/Fronton, Texas (≈5 miles from the Rio Grande), received a BOLO for an older pickup carrying plywood parked at a gas station on FM 650/Highway 83.
- FM 650 is the only road into Fronton and is known locally as a smuggling route; Guerrero had ~2.5–3 years’ roving-patrol experience in the area and knew local vehicles and residents.
- Guerrero arrived, saw two trucks (one matching the BOLO), observed plywood and pieces of wood protruding from the bed, and noted a passenger who did not look toward him.
- When Guerrero approached, Garza (the driver) acted nervously and hurriedly tried to leave; Guerrero activated his lights and stopped the truck.
- Garza consented to a search; plywood was lifted to reveal several undocumented immigrants; Garza was arrested and later pled guilty, reserving the right to appeal the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Agent had reasonable suspicion to stop Garza's truck | Garza: facts (unfamiliar truck + plywood + nervousness + passenger behavior) are equally consistent with lawful conduct and do not constitute reasonable suspicion | Government: totality of circumstances and Brignoni-Ponce factors (border proximity, known smuggling route, officer experience, BOLO, unusual plywood concealment, nervous behavior) support reasonable suspicion | Court: Affirmed — reasonable suspicion existed to justify the stop under the totality of the circumstances |
| Proper role/weight of the confidential informant (CI) tip | Garza: CI tip did not predict wrongdoing and supplied no particularized facts tying Garza to illegal activity | Government/district court relied in part on CI reliability; majority avoided using CI as the primary basis and rested decision on Brignoni-Ponce factors | Majority: decision rests on Brignoni-Ponce factors without relying on CI tip; CI tip not necessary to affirm reasonable suspicion |
Key Cases Cited
- Brignoni-Ponce v. United States, 422 U.S. 873 (Sup. Ct. 1975) (multi-factor framework for border-area stops)
- Terry v. Ohio, 392 U.S. 1 (Sup. Ct. 1968) (temporary seizure requires reasonable suspicion)
- Zapata-Ibarra v. United States, 212 F.3d 877 (5th Cir. 2000) (Brignoni-Ponce factors applied in Fifth Circuit)
- Rangel-Portillo v. United States, 586 F.3d 376 (5th Cir. 2009) (review standards for suppression rulings and limits on conduct that is equally consistent with lawful behavior)
- Chavez-Chavez v. United States, 205 F.3d 145 (5th Cir. 2000) (Border Patrol on roving patrol must have specific articulable facts to detain vehicle)
- Illinois v. Wardlow, 528 U.S. 119 (Sup. Ct. 2000) (unprovoked flight and nervous, evasive behavior support reasonable suspicion)