United States v. Rodolfo Gutierrez-Parra
711 F. App'x 752
| 5th Cir. | 2017Background
- At ~2:00 a.m. in a high‑crime area of El Paso, officers observed a FedEx semi‑truck and a white minivan pull into vacant parking lots; officers found this unusual based on patrol experience.
- Officers approached the minivan, observed condensation on the rear window and seven passengers inside; two passengers fled after officers ordered them to stay.
- Officers developed reasonable suspicion the minivan was being used to smuggle undocumented aliens and reported the FedEx truck’s description to dispatch and Border Patrol.
- Other EPPD officers located and stopped the FedEx truck ~3.5 miles away; officers found a passenger in the truck cabin and a missed call on the driver’s phone from the minivan driver’s number.
- Driver Gutierrez consented to phone search and later admitted agreeing to meet someone to help smuggle aliens.
- Gutierrez was charged with conspiracy to transport aliens and transporting aliens; he moved to suppress the evidence from the truck stop. The district court denied suppression and Gutierrez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, articulable suspicion to stop the FedEx truck under Terry | Gutierrez: no connecting factors linked the FedEx truck to the minivan; stop lacked reasonable suspicion | Government: totality of circumstances (time, place, vehicles’ interaction, flight from minivan, prior observations) gave reasonable suspicion | Court: Affirmed — totality provided reasonable, articulable suspicion to justify stop |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop standard requiring reasonable, articulable suspicion)
- United States v. Arvizu, 534 U.S. 266 (totality of circumstances and officer experience in reasonable‑suspicion analysis)
- Illinois v. Wardlow, 528 U.S. 119 (flight as a factor supporting reasonable suspicion)
- United States v. Rangel‑Portillo, 586 F.3d 376 (requirement of connecting factors to link multiple vehicles)
- United States v. Brignoni‑Ponce, 422 U.S. 873 (border‑patrol specific reasonable‑suspicion factors; distinguished here)