CA5: RS for immigration stop was based on location and officer’s experience

“The Government argues, and we agree, that the totality of the circumstances here support a finding that Agent Stauffiger had reasonable suspicion to justify stopping Nelson’s vehicle. First, our Court has recognized that proximity to the border is ‘a paramount factor in determining reasonable suspicion.’ While there is no bright line test with regard to this factor, we have held that ‘[t]he proximity element is satisfied … if the defendant’s car was first observed within 50 miles of the United States/Mexico border.’ It is undisputed that Nelson’s vehicle was first spotted at the Laredo-North checkpoint less than 50 miles from the border, here 29 miles, a factor weighing in favor of the reasonableness of Stauffiger’s suspicions.” Officer experience and nearness to the border count, too. United States v. Nelson, 2021 U.S. App. LEXIS 7539 (5th Cir. Mar. 12, 2021).*

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