United States v. Valdes-Vega
2013 U.S. App. LEXIS 25607
| 9th Cir. | 2013Background
- Border Patrol agents observed Rufino Ignacio Valdes-Vega driving a red Ford F-150 with Baja California plates on I-15 about 70 miles north of the U.S.–Mexico border near the Temecula checkpoint.
- Agents reported the truck was speeding well above the flow of traffic (~90+ mph), weaving and making numerous lane changes without signaling, and cutting off other drivers.
- The truck slowed and then sped as it approached and passed through the checkpoint; the driver avoided eye contact and took longer than usual to pull over when signaled.
- Agents (with 8 and 11 years’ experience) stopped the truck, obtained consent to search, and discovered approximately eight kilograms of cocaine.
- Valdes-Vega moved to suppress the cocaine, arguing the stop lacked reasonable suspicion; the district court denied suppression, a panel reversed, and the en banc Ninth Circuit affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether agents had reasonable suspicion to make a roving-border-patrol investigatory stop | Valdes-Vega: officers lacked particularized, objective suspicion; observed behaviors were innocuous when viewed singly or in context | Government: totality of circumstances (location, Baja plates, vehicle type, experienced agents’ observations of erratic/evasive driving) produced reasonable, particularized suspicion of smuggling | The en banc court held the stop was supported by reasonable suspicion and affirmed denial of the suppression motion |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (2002) (totality-of-circumstances; aggregate innocent acts can give rise to reasonable suspicion)
- Brignoni-Ponce v. United States, 422 U.S. 873 (1975) (factors relevant to border stops: proximity, travel patterns, vehicle, driver behavior)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable-suspicion standard for investigatory stops)
- Ornelas v. United States, 517 U.S. 690 (1996) (standard of review: de novo review of reasonable suspicion with deference to on-scene inferences)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable-suspicion requires particularized, objective basis)
- United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013) (applying Arvizu and Ornelas; review principles for reasonable suspicion)
- United States v. Sokolow, 490 U.S. 1 (1989) (aggregate of innocuous factors can support reasonable suspicion)
- Reid v. Georgia, 448 U.S. 438 (1980) (warning against stopping based on broad, common characteristics)