D.Mont.: RS for stop near the border when driving appeared evasive; on stop there were furtive movements

The court finds reasonable suspicion for defendant’s stop near the Canadian border. The officer was following but without blue lights on, and the car was attempting to evade the officer by driving fast on a poorly maintained road. On the stop, there were furtive movements in the car, and the driver was a Mexican national admittedly in the country illegally. The passenger was too, and he was in possession of a firearm. There was reasonable suspicion for the stop, and that which flowed thereafter was reasonable. United States v. Cruz, 2018 U.S. Dist. LEXIS 135518 (D. Mont. Aug. 10, 2018).*

Defendant claimed equitable tolling from his alleged late discovery that there had been a search in his case. The court finds that defendant had to have known because the search warrant was issued in 2010, long before his plea. Reyes v. United States, 2018 U.S. Dist. LEXIS 135658 (D. P.R. Aug. 9, 2018).*