United States v. Ralph Arvizu

232 F.3d 1241, 2000 Cal. Daily Op. Serv. 9488, 2000 U.S. App. LEXIS 30165, 2000 WL 1760666
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 1, 2000
Docket99-10229
StatusPublished
Cited by25 cases

This text of 232 F.3d 1241 (United States v. Ralph Arvizu) 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. Ralph Arvizu, 232 F.3d 1241, 2000 Cal. Daily Op. Serv. 9488, 2000 U.S. App. LEXIS 30165, 2000 WL 1760666 (9th Cir. 2000).

Opinion

ORDER

The Opinion filed July 7, 2000 is amended as follows:

1.217 F.3d at 1230, immediately following the first full paragraph, insert the following paragraph:

“‘What factors law enforcement officers may consider in deciding to stop and question citizens minding their own business should, if possible, be carefully circumscribed and clearly articulated. When courts invoke multi-factor tests, balancing of interests or fact-specific weighing of circumstances, this introduces a troubling degree of uncertainty and unpredictability into the process; no one can be sure whether a particular combination of factors will justify a stop until a court has ruled on it.’ Montero-Camargo, 208 F.3d at 1142 (Kozinski, J. concurring). Thus we attempt here to describe and clearly delimit the extent to which certain factors may be considered by law enforcement officers in making stops such as the stop involved here.”

2. 217 F.3d at 1230, in the sentence beginning “In reaching our conclusion” at the beginning of the second full paragraph, add the words “in this case” after the words “are neither relevant nor appropriate to a reasonable suspicion analysis.... ”

3. 217 F.3d at 1231, in the second full paragraph, delete the first sentence which begins “As we have previously held,” and replace it with the following:

“As we have previously held, ‘factors that have such a low probative value that no reasonable officer would have relied on them to make an investigative stop must be disregarded as a matter of law.’ Montero-Camargo, 208 F.3d at 1132 (citation omitted).”

4. 217 F.3d at 1231, in the second full paragraph, in the sentence beginning “An examination of four additional factors,” replace the words “too fall in this category” with the words “have little or no weight under the circumstances.”

5. 217 F.3d at 1233, in the first sentence, add the words “in this case” after the words “are not relevant.... ”

With those amendments, the panel has voted unanimously to deny the Petition for Rehearing; Judges Reinhardt and Hawkins have voted to deny the Petition for Rehearing En Banc, and Judge Politz has so recommended. The full court was advised of the Petition for Rehearing En Banc, and no judge of the court has requested a vote on that petition. Fed. R.App. P. 35.

The Petition for Rehearing and Petition for Rehearing En Banc are DENIED.

*1245 OPINION

REINHARDT, Circuit Judge:

Ralph Arvizu appeals from the district court’s denial of his motion to suppress marijuana found in his van by a border patrol agent. Arvizu raises two issues before this court: first, whether the stop of his van by a Border Patrol agent was justified by reasonable suspicion; and second, whether he validly consented to the subsequent search of his van. Because the district court erred in finding that the stop was justified by reasonable suspicion, we reverse.

1. Factual Background

The events in question took place on the afternoon of January 19, 1998 on Leslie Canyon Road near Douglas, Arizona. Leslie Canyon Road is a largely unpaved, flat, and well-maintained road in the Coronado National Forest that parallels Highway 191. The road, which runs north south, begins at Highway 80 and ends at Rucker Canyon Road. Although Border Patrol Agent Stoddard asserted that the road is rarely travelled by anyone other than ranchers and forest service personnel and is “very desolate,” at its southern end, it is paved for about ten miles, and there are residences on both sides. 2 Moreover, there is a national forest in the area, as well as the Chiricahua National Monument, both of which attract a number of visitors. There are also campgrounds and picnic areas around Rucker Canyon. 3 An investigator for the defense who had lived in Douglas for four years testified that people who live in Douglas frequently use the area for recreation. There are also a number of communities in the area, and for those heading towards the ones that are situated along the roadway between 191 and 186 from Douglas, driving along Leslie Canyon Road is shorter than driving out to 1-191 and driving north.

The Douglas, Arizona border station is located about 30 miles from the border on the highway at the intersection of 1-191 and Rucker Canyon Road. The station is not operational every day of the year, although on January 19 it was. On that occasion, Border Patrol Agent Stoddard was working at the Douglas station. 4 At about 2:15 p.m. that afternoon, a sensor alerted him to the fact that a car was travelling north on Leslie Canyon Road. 5 Stoddard testified that this made him suspicious for three reasons: first, the timing-the car passed by around 2 p.m. and officers change shifts at 3 p.m. According to Officer Stoddard, smugglers often try to synchronize their movements with shift changes. 6 Second, cars travelling north sometimes use the surrounding, unpaved roads to bypass the station. Third, another officer had stopped a minivan heading north on that road a month earlier and had found marijuana.

His curiosity piqued, Stoddard drove east on Rucker Canyon Road to intersect with Leslie Canyon Road. As he drove, he received another report of sensor' activity, indicating that the vehicle was heading west on Rucker from Leslie Canyon. Af *1246 ter Stoddard passed Kuykendall Road, he noticed a Toyota minivan approaching him in a cloud of dust. Stoddard proceeded to pull over to the side of the road to observe the minivan as it approached. Although he did not have a radar gun, the agent guessed that the van was travelling at 50 to 55 miles per hour when he first spotted it. According to Stoddard, the minivan slowed as it neared his car. In the minivan was Ralph Arvizu, accompanied by his sister, Julie Reyes, and her three children-Julisa, Renato, and Guillermo.

As the Toyota passed, Stoddard observed the two adults in the front, and three children in the back. According to Stoddard, the driver appeared rigid and nervous. Stoddard based this conclusion on the fact that Arvizu had stiff posture, kept both hands on the steering wheel, and did not acknowledge him. According to Stoddard, this was unusual because drivers in the area habitually “give us a friendly wave.” Stoddard also noticed that the knees of the two children sitting in the very back seat were higher than normal, as if their feet were resting on some object placed below the seat.

As the minivan passed, Stoddard decided to follow it. As he did, the children began to wave. According to Stoddard, this seemed odd because the children did not turn around to wave at him; rather, they sat in their seats and continued to face forward. The “waving” continued off and on for about four to five minutes.

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Bluebook (online)
232 F.3d 1241, 2000 Cal. Daily Op. Serv. 9488, 2000 U.S. App. LEXIS 30165, 2000 WL 1760666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ralph-arvizu-ca9-2000.