S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was brief, about two minutes. Based on Garcia’s nervous behavior, the Agent developed reasonable suspicion of criminal activity and then requested and received permission to pat down Garcia. The Court finds that the immigration checkpoint stop was not impermissibly prolonged. The motion to suppress is denied in this respect.” United States v. Garcia, 2017 U.S. Dist. LEXIS 79256 (S.D. Tex. May 24, 2017)

Defendant consented to a search of only his bedroom, as evidenced by the limitation written on the consent form. The court finds consent was not withdrawn, based on a credibility determination. United States v. Williams, 2017 U.S. Dist. LEXIS 79331 (M.D.La. May 24, 2017).*

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