United States v. Rufino Valdes-Vega

685 F.3d 1138, 2012 WL 3024188, 2012 U.S. App. LEXIS 15335, 12 Cal. Daily Op. Serv. 8358
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 25, 2012
Docket10-50249
StatusPublished
Cited by5 cases

This text of 685 F.3d 1138 (United States v. Rufino Valdes-Vega) 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. Rufino Valdes-Vega, 685 F.3d 1138, 2012 WL 3024188, 2012 U.S. App. LEXIS 15335, 12 Cal. Daily Op. Serv. 8358 (9th Cir. 2012).

Opinions

Opinion by Judge PREGERSON; Dissent by Judge CONLON.

OPINION

PREGERSON, Circuit Judge:

Defendant Rufino Ignacio Valdes-Vega (“Valdes-Vega”) appeals the district court’s denial of his motion to suppress cocaine found in his truck. Valdes-Vega contends that the stop of his truck by Border Patrol Agents 70 miles north of the U.S.-Mexico Border violated the Fourth Amendment, and consequently, the cocaine found in his truck must be suppressed. We agree. The totality of the circumstances in this case did not provide Border Patrol Agents with reasonable suspicion to believe that Valdes-Vega was smuggling drugs or aliens. Accordingly, we reverse the district court’s denial of Valdes-Vega’s motion to suppress.

BACKGROUND

A. The Stop of Valdes-Vega’s Truck

On January 21, 2009, Border Patrol Agent Luis Lopez was conducting surveillance in an unmarked vehicle on the northbound shoulder of Interstate 15 (“1-15”), near Fallbrook, California, approximately 70 miles north of the U.S.-Mexico Border. At approximately 2:00 p.m., Agent Lopez observed a red Ford F-150 pickup truck in the far right northbound lane “traveling faster than the flow of traffic.” Agent López began to follow the truck. While he was following the truck, Agent Lopez observed the truck make “erratic lane changes without signaling.” As Agent Lo[1142]*1142pez followed the truck, he noticed the truck had Baja California license plates. Eventually, Agent Lopez lost sight of the truck because it was moving too quickly and was “weaving in and out of traffic.” Agent Lopez then notified Border Patrol Agent Jeffrey Hays of his observations and asked Agent Hays to provide assistance.

Agent Hays was on patrol in a marked vehicle when he received Agent Lopez’s request for assistance. After speaking with Agent Lopez, Agent Hays entered I-15 at Mission Road, headed northbound, and attempted to catch up with the truck. Agent Hays eventually caught up with the truck just south of the Temecula Border Patrol Checkpoint (“Temecula Checkpoint”). At this point, it appeared to Agent Hays that the truck was traveling “over 90 miles per hour.” According to Agent Hays, the flow of traffic at that time of day on 1-15 was 70 to 80 miles per hour.

While he was following the truck, Agent Hays observed the truck change lanes without signaling. Agent Hays then observed the truck slow to 70 miles per hour as it approached the Temecula Checkpoint, which was not operational that day. The truck then moved over to the number two lane by cutting in front of the vehicles directly behind it. After the truck passed the Temecula Checkpoint, Agent Hays pulled alongside the passenger side of the truck and observed a man (who was later identified as Valdes-Vega) behind the wheel.1 Valdes-Vega was looking straight ahead and did not make eye contact with Agent Hays. Agent Hays noticed that the truck had an older body style, appeared clean, and had Baja California license plates. At this point, Agent Hays concluded that the driver’s behavior “was consistent with the behavior of alien and drug smugglers who encounter law enforcement in this area,” and decided to stop the vehicle. Approximately a mile and a half past the Temecula Checkpoint, Agent Hays turned on his emergency lights and stopped the truck. Valdes-Vega consented to a subsequent search of his truck, which revealed approximately 7.991 kilograms of cocaine.

B. The District Court Proceedings

Valdes-Vega was indicted on one count of possession with intent to distribute 5 kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). Valdes-Vega moved to suppress the cocaine found in his truck, claiming that the cocaine was obtained in violation of the Fourth Amendment. After holding an evidentiary hearing, the district court denied Valdes-Vega’s motion to suppress.

In denying Valdes-Vega’s motion to suppress, the district court found that the “totality of the circumstances” satisfied the reasonable suspicion standard required to stop a vehicle. Specifically, the district court found that the following facts, when aggregated, provided Agents2 with reasonable suspicion for the vehicle stop:

• Proximity to the Border: The district court cited the proximity of the stop to the U.S./Mexico border (70 miles from the border).
• Traffic Patterns: The district court noted that the speed of Valdes-Vega’s vehicle (90 miles per hour) was not typical for traffic in that area at that [1143]*1143time of day, which Agent Hays testified was 70 to 80 miles per hour.
• The behavior of the driver: The district court noted that Valdes-Vega had an “erratic driving pattern” because he “was speeding, changing lanes frequently, or weaving in and out of traffic, [and] braking unexpectedly in front of other drivers.” The district court also noted that Valdes-Vega’s “behavior changed” abruptly just south of the checkpoint because he “slowed down and then sped up to get through [the checkpoint] as quickly as possible.”
• The model and appearance of the vehicle: The district court noted that Valdes-Vega’s truck had Baja California license plates and “was a large truck, a Ford F-150, which meant that it was more suited to carrying large amounts of contraband, drugs, or perhaps human beings. And it was also harder for any law enforcement officer to see into the vehicle to see if that was the case.”
• The district court also relied on the history of “previous alien or drug smuggling in the area.”
• The district court also cited the experience and training of Border Patrol Agents Lopez and Hays.3

After the district court denied his motion to suppress, Valdes-Vega entered a conditional guilty plea to the sole count of the indictment, reserving the right to appeal the district court’s denial of his motion to suppress.

STANDARD OF REVIEW

We review the district court’s denial of a motion to suppress evidence de novo. United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir.2007). The district court’s findings of fact are reviewed for clear error. Id.

DISCUSSION

I. The Reasonable Suspicion Standard & Border Patrol Stops

“The Fourth Amendment prohibits unreasonable searches and seizures by the Government, and its protections extend to brief investigatory stops of persons or vehicles that fall short of traditional arrest.” United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002) (internal quotation marks omitted). “Because the balance between the public interest and the individual’s right to personal security tilts in favor of a standard less than probable cause in such cases, the Fourth Amendment is satisfied if the officer’s action is supported by reasonable suspicion to believe that criminal activity may be afoot.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
685 F.3d 1138, 2012 WL 3024188, 2012 U.S. App. LEXIS 15335, 12 Cal. Daily Op. Serv. 8358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rufino-valdes-vega-ca9-2012.