United States v. Luis Cervantes, 797 F.3d 326

Cervantes drove a Chevrolet Trailblazer eastbound on I‑20 near Odessa, TX (~8:30 a.m.) with five passengers; agents on roving Border Patrol noticed the vehicle appeared sagging in the rear and had multiple occupants.
As agents approached, Cervantes moved from left to right lane and pulled closely behind a slow-moving semi; agents pulled alongside, honked repeatedly, and observed Cervantes and front passenger appear clean while rear passengers appeared dirty, wore heavy jackets, and one rode in the cargo area.
Agents stopped the vehicle, observed burlap backpacks and brick‑wrapped bundles consistent with drug packaging; ~170 lbs of marijuana were later found; Cervantes and passengers were arrested and charged with aiding and abetting possession with intent to distribute.
Cervantes moved to suppress arguing the traffic stop lacked reasonable suspicion under the Fourth Amendment; the district court denied the motion and Cervantes entered a conditional guilty plea reserving appeal of the suppression ruling.
The Fifth Circuit reviewed de novo whether agents had reasonable suspicion under the Brignoni‑Ponce totality‑of‑circumstances test and affirmed the denial of the suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Border Patrol agents had reasonable suspicion to stop vehicle under Brignoni‑Ponce	Cervantes: stop was unsupported — driving and lane change were lawful, distance (~200 miles) from border undermines suspicion; similar prior case (Olivares‑Pacheco) found no suspicion	Government: totality of circumstances (proximity to known smuggling corridor, vehicle riding low, multiple passengers including one in cargo area, contrasting appearances, deceleration behind truck, agents’ experience) justified stop	Affirmed: reasonable suspicion existed based on totality, so stop did not violate Fourth Amendment

United States v. Brignoni‑Ponce, 422 U.S. 873 (Sup. Ct.) (establishes multi‑factor test for border‑area stops)
United States v. Arvizu, 534 U.S. 266 (Sup. Ct.) (totality‑of‑circumstances approach; officers may draw on experience)
United States v. Sokolow, 490 U.S. 1 (Sup. Ct.) (innocent acts may collectively create reasonable suspicion)
United States v. Orozco, 191 F.3d 578 (5th Cir.) (stop on I‑20 near Odessa found reasonable suspicion based on cumulative factors)
United States v. Morales, 191 F.3d 602 (5th Cir.) (I‑20 stop upheld where vehicle exhibited strong indicia of heavy loading and concealment)
United States v. Olivares‑Pacheco, 633 F.3d 399 (5th Cir.) (contrasting decision: stop on same stretch of I‑20 lacked reasonable suspicion; underscores need for careful review when far from border)
United States v. Garza, 727 F.3d 436 (5th Cir.) (recent Fifth Circuit framing of Brignoni‑Ponce factors and review standard)