United States v. David Perez-Lemos

Good Law
357 F. App'x 48
United States Court of Appeals for the Ninth CircuitNovember 17, 200908-50545California398 words

Opinion

Opinion

MEMORANDUM

Border Patrol agents received an anonymous tip stating that an SUV and a white sedan were stopped together on Highway 94, and that the SUV was being loaded with bodies. The agents could have reasonably concluded that this tip was corroborated by their observation of two ears matching that description which were traveling together north (away from the border) on Buckman Springs Road, a street that connects with Highway 94 near where the SUV and white sedan reportedly stopped. The agents observed silhouettes of people crouching behind the SUV’s driver, and noted that the SUV appeared heavily laden, which provided further corroboration for the tip. Moreover, the agents testified that, in their experience, individuals involved in alien smuggling regularly make use of a load vehicle and scout car to avoid detection. We must give due weight to the opinions of officers who “draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available.” United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). Based on the tip and their own observations, interpreted in light of their…

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