United States v. Olivares-Pacheco
2011 U.S. App. LEXIS 2505
| 5th Cir. | 2011Background
- Stop of Olivares-Pacheco on I-20 near Odessa, TX, more than 200 miles from the border, by Border Patrol agents.
- Truck carried six adults, including Olivares-Pacheco; passengers avoided eye contact with agents.
- Agents observed a piece of brush under the truck and a passenger pointing toward a field on the opposite side.
- Vehicle registered in Garland, Texas; drivers and passengers admitted illegality after stop.
- District court denied suppression; Olivares-Pacheco pleaded guilty with waiver of appeal except suppression issue; Fifth Circuit reversed and vacated conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop the vehicle? | United States argues stop was supported by reasonable suspicion. | Olivares-Pacheco argues lack of articulable suspicion. | No reasonable suspicion; suppression affirmed (conviction vacated). |
Key Cases Cited
- United States v. Garcia, 604 F.3d 186 (5th Cir. 2010) (factors supporting reasonable suspicion in border contexts)
- United States v. Brignoni-Ponce, 422 U.S. 873 (1975) (probable cause not required; border proximity factors for stop)
- United States v. Jacquinot, 258 F.3d 423 (5th Cir. 2001) (reasonableness of suspicion based on totality of circumstances)
- United States v. Zapata-Ibarra, 212 F.3d 877 (5th Cir. 2000) (proximity to border plus suspicious indicators)
- United States v. Orozco, 191 F.3d 578 (5th Cir. 1999) (paramount factor of border proximity in suspicion)