United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen

208 F.3d 1122, 2000 Daily Journal DAR 3733, 2000 Cal. Daily Op. Serv. 2774, 2000 U.S. App. LEXIS 6494, 2000 WL 364861
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 11, 2000
Docket97-50643, 97-50645
StatusPublished
Cited by318 cases

This text of 208 F.3d 1122 (United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen, 208 F.3d 1122, 2000 Daily Journal DAR 3733, 2000 Cal. Daily Op. Serv. 2774, 2000 U.S. App. LEXIS 6494, 2000 WL 364861 (9th Cir. 2000).

Opinions

REINHARDT, Circuit Judge:

The question before us is whether Border Patrol agents had reasonable suspicion to stop German Espinoza Montero-Camar-go and Lorenzo Sanehez-Guillen. The defendants, who were driving separate automobiles in tandem, made U-turns on a highway at the only place where the view of the agents manning a permanent stationary checkpoint was obstructed. Following the turns, the two cars, both bearing Mexicali license plates, stopped briefly in an area that is often used as a drop-off and pick-up point for undocumented aliens and contraband. The U-turns occurred shortly after the cars passed a sign stating that the previously closed Border Patrol facility was now open. Based on these and other factors, the district court concluded that the stop, which occurred some fifty miles north of the Mexican border, was justified, as did the majority of the three judge panel that considered the question. We took the case en banc to reconsider the reasonable suspicion question. Although we affirm the result reached by both the district court and the panel majority, we reject some of the factors on which they relied.

FACTS

On the afternoon of October 15, 1996, a passing driver told border patrol agents at the Highway 86 ■ permanent stationary checkpoint in El Centro, California, that two cars heading north, with Mexicali license plates,1 had just made U-turns on the highway shortly before the . checkpoint. Upon receiving the tip, two Border Patrol Agents, Brian Johnson2 and Carl Fisher,3 got into separate marked patrol cars and headed south to investigate. Approximately one minute later (and about one mile from the checkpoint), the two agents saw a blue Chevrolet Blazer and a red Nissan sedan, both with Mexicali plates, pull off the shoulder and re-enter the highway heading south.4

[1127]*1127According to the agents, the area where they first observed the cars is used by lawbreakers to drop off and pick up undocumented aliens and illegal drugs, while evading inspection. Its use for such purposes is due in part to the fact that the view of that part of the highway area from the Border Patrol checkpoint is blocked. The location, according to Agent Johnson, is the only place where it is feasible to turn around both safely and with impunity. After that point, the road narrows and is in plain view of the checkpoint. The highway itself runs through the open desert and there is a fence on either side.

Both agents testified that almost all of the stops made by the Border Patrol at the turnaround site resulted in the discovery of “a violation of some sort ...” involving either illegal aliens or narcotics.5 In contrast, Agent Johnson said that similar stops made in connection with turnarounds near other checkpoints did not result in arrests nearly as frequently. He attributed the difference to the fact that travelers routinely miss their turnoffs to camping sites near those other checkpoints. Before the northbound Highway 86 checkpoint, however, there are no exits, driveways, or roads nearby that a driver might accidentally pass by. In fact, the only exit off of Highway 86 in that area is a private driveway to the Elmore Ranch, some two miles from the turnaround point.6

The place where the agents saw that the vehicles had stopped following the U-turn was a deserted area on the side of the southbound highway located opposite the large sign on the northbound side advising drivers that the checkpoint was open. As Agent Johnson testified, the sign was the first indication to northbound drivers that the Border Patrol’s facility was operational. The checkpoint in question had been closed for some time and had reopened only a day or two earlier.

At the suppression hearing, Agent Johnson testified that the majority of people going through the El Centro checkpoint are Hispanic. This demographic makeup is typical of the larger region of which the city El Centro is a part. In Imperial County, where El Centro is located, Hispanics make up roughly 73% of the population. See U.S. Census Bureau, “Population Estimates for Counties by Race and Hispanic Origin: July 1, 1999.” Agent Johnson also testified that as he pulled behind the Blazer, he noted that both the driver and the passenger appeared to be Hispanic. Johnson stated that when the driver and passenger noticed him behind them, the passenger picked up a newspaper and began reading. This, according to Agent Johnson, further aroused his suspicions. Johnson then stopped the Blazer, identified himself as a Border Patrol agent, and asked about the citizenship of the two occupants. In response to Johnson’s inquiries, the driver, Lorenzo Sanchez-Guillen, and his passenger, Sylvia Renteria-Wolff, showed Agent Johnson I-586 cards, which allow Mexican citizens to travel up to 25 miles inside the United States for no longer than 72 hours at a time. As the Blazer had been stopped approximately 50 miles from the border, Johnson then brought the two occupants to the checkpoint for processing.

In the meantime, Agent Fisher continued to follow the second car, a red Nissan sedan. According to Fisher, when he and Agent Johnson first drew near the two cars, the Nissan began to accelerate. As Fisher caught up with the vehicle, he could see that the second driver also appeared to be Hispanic. Fisher ultimately pulled the [1128]*1128Nissan over after following it for approximately four miles. Appellant German Espinoza Montero-Camargo was the driver. After stopping the car, Agent Fisher, with the aid of Agent Johnson, who had returned to help him, searched the trunk and found two large bags of marijuana. A subsequent search of the Blazer back at the checkpoint turned up a loaded .32 caliber pistol in the glove compartment and an ammunition clip that fit the pistol in the passenger’s purse.

Montero-Camargo, Sanchez-Guillen, and Renteria-Wolff were charged with conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1), as well as possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Sanchez-Guillen was also charged with being an illegal alien in possession of ammunition in violation of 18 U.S.C. § 922(g)(5) and § 924(a)(2) and aiding and abetting the carrying of a firearm during the commission of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) and (2). The three defendants filed a pre-trial motion to suppress on the ground that the vehicle stop was not based on reasonable suspicion. When the district court denied the motion, Montero-Camargo entered a conditional guilty plea to conspiracy to possess and possession of marijuana with the intent to distribute; he reserved the right to challenge on appeal two of the district court’s determinations, including the denial of the motion to suppress.7 Sanchez-Guil-len went to trial, and a jury convicted him of conspiracy to possess and possession of marijuana with the intent to distribute, as well as being an illegal alien in possession of ammunition.

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208 F.3d 1122, 2000 Daily Journal DAR 3733, 2000 Cal. Daily Op. Serv. 2774, 2000 U.S. App. LEXIS 6494, 2000 WL 364861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-german-espinoza-montero-camargo-united-states-of-america-ca9-2000.