CA5: Immigration stop was short and then justified being extended by RS

“The less-than-three-minute immigration stop was sufficiently brief under the Fourth Amendment …, and Escobar’s nervous and evasive behavior, unusual responses to lawful questions, and provision of a suspicious bill of lading gave agents sufficient reasonable suspicion to extend the stop. … Rodriguez v. United States, 135 S. Ct. 1609 (2015), does not alter this calculus. …” United States v. Escobar, 2019 U.S. App. LEXIS 26941 (5th Cir. Sept. 5, 2019).*

The dash cam video supports the officer’s testimony defendants were following too close in their rental car. Whether the stop was pretextual doesn’t matter because there is a factual and legal basis for it. The basic part of the stop lasted only seven minutes, and the court finds reasonable suspicion developed during that time. Consent was given allegedly by one without authority, but the trooper told the other who didn’t object. United States v. Cox, 2019 U.S. Dist. LEXIS 149972 (W.D. Ark. Sept. 4, 2019).*

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

Comments are closed.