S.D.Tex.: Border Patrol had RS two vehicles were traveling in tandem during midnight border crossing

The Border Patrol officer had reasonable suspicion to stop defendant’s vehicle for transporting persons across the border in the trunk. Defendant got past the checkpoint, but another officer’s suspicions of a following car were heightened. After two were found in the trunk, they gave chase to find defendant’s car. They had reasonable suspicion. United States v. Mackey, 2016 U.S. Dist. LEXIS 188672 (S.D. Tex. Oct. 24, 2016)*:

Upon careful examination of the record, the Court concludes that, based on the following factors, the agents reasonably suspected that Defendants were involved in criminal activity: Agent Monterojas found undocumented aliens in Flores’ vehicle; Defendants entered the checkpoint in the two vehicles that immediately preceded Flores’ vehicle; Defendants and Flores drove sedans, which are unusual on Highway 83; solo, female drivers rarely travel on Highway 83, especially late at night; Defendants approached the checkpoint within minutes of a shift change and while Agent Gomez and his service canine took a break from their inspection duties; smugglers often use Highway 83 to circumvent the larger checkpoint on Interstate Highway 35; and Highway 83 does not provide a direct route to the cities in which Defendants’ vehicles were registered. Although the Court evaluates the totality of the circumstances, United States v. Arvizu, 534 U.S. 266, 273, 122 S. Ct. 744, 151 L. Ed. 2d 740 (2002), it will discuss each factor in turn.

Courts often say “after careful consideration” without meaning it. I once efiled an objection to an R&R at 7 pm, and it was denied at 7:40 am “after careful consideration.”

This entry was posted in Immigration checkpoints, Reasonable suspicion. Bookmark the permalink.

Comments are closed.