U.S. v. Salinas, 89-10350

Decision Date04 April 1991
Docket NumberNo. 89-10350,89-10350
Citation940 F.2d 392
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Inez Ramon SALINAS, Defendant-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Jose H. Robles, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellant.

Milan D. Tesanovich, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Appeal from the United States District Court for the District of Arizona.

Before WRIGHT, GOODWIN and SKOPIL, Circuit Judges.

ORDER

The memorandum disposition filed May 24, 1991, is redesignated as an authored opinion by Judge Goodwin.

OPINION

GOODWIN, Circuit Judge:

Inez Ramon Salinas appeals his conviction following entry of a conditional guilty plea to one count of possession with intent to distribute 104 pounds of marijuana in violation of 21 U.S.C. Secs. 841(a)(1) and 841(b)(1)(D). Salinas contends that the district court erred by denying his motion to suppress evidence because the officer who stopped his vehicle lacked founded suspicion of criminal conduct. We agree and reverse.

The Border Patrol officer relied upon six observations to create a founded suspicion. All six are equally consistent with noncriminal activity, such as driving to work in the morning. (1) Salinas was driving a 1974 Pontiac with a large luggage compartment; (2) the car appeared to be heavily loaded; (3) the officer saw fresh handprints in the dust on the trunk; (4) Salinas appeared to be a Mexican; (5) the car was registered in Bisbee, and (6) Salinas glanced at the officer as he drove past the Border Patrol car.

On December 6, 1988, Border Patrol Agent Daniel Moreno was parked observing traffic on State Highway 80, a two-lane paved road running north from Mexico connecting Douglas, Bisbee, Benson and Willcox with Tucson. Near Benson, Arizona, about 70 miles from the border, he was watching fairly heavy morning commuter traffic. Moreno observed a white Pontiac automobile driven by Salinas travelling at normal speed northbound at 8:35 a.m. Moreno noticed that the vehicle was an older model with a large trunk and passenger area which, in his experience, was of a type commonly used for drug and alien smuggling. He also noticed that the vehicle appeared loaded down in the rear and that the driver was of Spanish or Mexican origin. As the vehicle passed Agent Moreno, the driver glanced at him, prompting Agent Moreno to follow the vehicle.

Agent Moreno followed the vehicle for about four or five miles, during which time he noticed that there was dust on the vehicle's trunk with fresh handprints visible on it. While being followed, the vehicle did not speed up or make any unusual movements. A registration check revealed that the vehicle was from Bisbee, Arizona, near the town of Naco which the agent knew to have a high concentration of drug and alien smuggling. Upon receiving the results of the registration check, and based upon his observations to that point, Agent Moreno stopped the vehicle. As he walked towards the vehicle, Agent Moreno noticed two large bags in the back seat. When asked to open the bags, Salinas got out of his vehicle, opened the back door and opened the bags, revealing 104 pounds of marijuana.

Salinas moved to suppress the marijuana on the ground that the facts articulated by the officer, if sufficient to justify this stop, would also justify the arrest of every Mexican male driving to work in an old Pontiac on State Route 80 if his car was dusty, carrying packages, and was registered in Bisbee.

The fourth amendment forbids stopping a vehicle even for the limited purpose of questioning its occupants unless police officers have a founded suspicion of criminal conduct. United States v. Ramirez-Sandoval, 872 F.2d 1392, 1395 (9th Cir.1989). "Founded suspicion must exist at the time the officer initiates the stop." United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). In evaluating whether founded suspicion exists, the totality of the circumstances should be considered. United...

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35 cases
  • Global Neighborhood v. Respect Wash.
    • United States
    • Washington Court of Appeals
    • January 29, 2019
    ...alone, is not an appropriate factor for assessing reasonable suspicion in the immigration enforcement setting. United States v. Salinas, 940 F.2d 392, 394 (9th Cir. 1991). An individual's difficulty in speaking English also does not constitute a valid race-neutral basis for initiating an im......
  • Ortega Melendres v. Arpaio
    • United States
    • U.S. District Court — District of Arizona
    • February 10, 2009
    ...enforcement setting must therefore also be individualized and focused on the particular person being stopped. United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991). "Where . . . the majority (or any substantial number) of people share a specific characteristic, that characteristic is o......
  • US v. Montero-Camargo
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 13, 1999
    ...form a basis for suspecting that the particular person to be detained has committed or is about to commit a crime. United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991). The facts are to be interpreted in light of a trained officer's experience, and the whole picture must be taken into......
  • USA. v. Montero Camargo
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 11, 2000
    ...inferences, form a basis for particularized suspicion. See United States v. Cortez, 449 U.S. 411, 418 (1981); United States v. Salinas, 940 F.2d 392, 394 (9th Cir. 1991). The requirement of particularized suspicion encompasses two elements. See Cortez, 449 U.S. at 418. First, the assessment......
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