The People v. Guerrero CA4/1

STATEMENT OF FACTS

The facts we address here are taken from the evidentiary hearing on the motion to

suppress evidence.

On November 22, 2010, Guerrero and a female passenger were stopped at a

Border Patrol checkpoint on Highway 86 in Imperial County. When Agent Anderson

approached the car, Guerrero immediately volunteered that they were U.S. citizens. The

agent noted that Guerrero was seated in an unnatural position. He was rigid, had an

extremely tight grip on the steering wheel and appeared fixated on looking at the side

mirror of the car. Agent Christoffels and her dog were approaching Guerrero's car from

that side and could be seen by Guerrero in the mirror.

Agent Anderson asked Guerrero if the car was his. Guerrero appeared distracted

and hesitated before telling Anderson that the car was his and that he had possessed it for

three months. Guerrero could not remember where he purchased the car.

Anderson asked to see the passenger's passport. The passenger had difficulty

producing the passport because her hands were shaking so badly.

2 About that time, Agent Christoffels advised Agent Anderson that the dog had

alerted on Guerrero's car and asked…