721 F.3d 345
5th Cir.2013Background
- Hernandez pleaded guilty to unlawful re-entry after being stopped by Border Patrol agents on I-10 near Lake Charles, LA.
- Agents stopped him about 450 miles from the nearest border, after observing his nervous behavior and driving patterns.
- Agents followed Hernandez for roughly five miles, noted reacting behavior with a passenger, and observed vehicle details (SUV, Tinkerbell cover).
- Vehicle ownership did not match Hernandez, but vehicle was not stolen and showed no criminal activity; agents nonetheless concluded illegal-alien transportation.
- Hernandez admitted he was Mexican and unlawfully present in the United States after the stop, leading to the §1326(a)/(b)(2) charge.
- Hernandez moved to suppress all evidence from the stop; the district court denied suppression, ruling agents had reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Hernandez asserted lack of reasonable suspicion to stop. | Government argued totality of circumstances supported suspicion. | No reasonable suspicion; stop violated Fourth Amendment (affirmed under Roque-Villanueva precedent) |
| Whether evidence from the unlawful stop must be suppressed | All evidence derived from the unlawful stop should be suppressed. | Precedent allows preservation of identity/INS-file evidence regardless of unlawful stop. | Despite violation, suppression denied because identity/INS file not suppressible per Roque-Villanueva |
| Scope of Lopez-Mendoza identity rule in suppressibility of identity-related evidence | Lopez-Mendoza supports suppressing identity-related evidence if tainted by unlawful arrest. | Identity itself is not suppressible; evidence about identity may be treated like other evidence. | Majority adopts non-suppressibility of identity while noting debate among circuits; Roque-Villanueva controlling here |
Key Cases Cited
- United States v. Moreno-Chaparro, 180 F.3d 629 (5th Cir. 1998) (limits weight of certain factors; near-border proximity not alone sufficient)
- United States v. Rico-Soto, 690 F.3d 376 (5th Cir. 2012) (proximity to border and patrol experience weighed against suspicion)
- United States v. Olivares-Pacheco, 633 F.3d 399 (5th Cir. 2011) (discusses Brignoni-Ponce factors and caution in evaluating deceleration)
- United States v. Brignoni-Ponce, 422 U.S. 873 (U.S. 1975) (articulable facts and inferences for border stops; Brignoni-Ponce factors)
- United States v. Roque-Villanueva, 175 F.3d 345 (5th Cir. 1999) (identity/INS file not suppressible under precedent)
- United States v. Lopez-Mendoza, 468 U.S. 1032 (U.S. 1984) (identity statement discussed in context of suppression in deportation hearings)