United States v. Schwatze Robles-Amaro

MEMORANDUM

I.

On January 22, 2012, United States Border Patrol Agent, Nicolas Gonzalez, stopped Jose Dominguez, believing he had reasonable suspicion to conduct the vehicle stop. Though the car was registered to Schwatze Robles, Dominguez consented to a search of the car. After a drug dog alert, Agent Gonzalez discovered a hidden compartment in the car (though empty). Agent Gonzalez did not detain Dominguez.

On February 17, 2012, Agents Ginno Gallina and Daniel Alvarado stopped the same car again. They alleged their stop was justified by reasonable suspicion, which included knowledge of the hidden compartment. This time, Robles (to whom the car was registered) was the driver.

II.

Assuming, without deciding, that Robles has standing to challenge Agent Gonzalez’s stop of Dominguez, her constitutional rights were not violated by that stop. See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992) (“We may affirm ‘on any basis supported by the record even if the district court did not rely on that basis.’ ”). Considering the totality of the circumstances, and deferring to the inferences drawn by Agent Gonzalez on the scene, the stop of Dominguez was constitutional,…