United States v. Robert Rocha--Lopez

On January 23, 1975, this court affirmed the conviction of the defendant Robert Rocha-Lopez for possession of 165 pounds of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We found that the totality of the circumstances supported a “founded suspicion” for the stop of his car. On June 30, 1975, the Supreme Court remanded the case for further consideration in light of United States v. Ortiz, 422 U.S. 891 , 95 S.Ct. 2585 , 45 L.Ed.2d 623 (1975), and United States v. Brignoni-Ponce, 422 U.S. 873 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975). We have re-examined the facts of this case in the light of these recent Court cases and we find a “reasonable suspicion” for the stop. We affirm.

Robert Rocha-Lopez was tried by a judge without a jury, on stipulated facts arising out of the hearing on a motion to suppress the marijuana as illegally seized. The facts upon which Border Patrol Agents Barry and Young based their decision to stop the defendant are as follows:

1) The vehicle was observed at 6:40 a. m., travelling one and a half miles from the Mexican border, in an area notorious for smuggling.

2) Normal traffic for that time of day is light, consisting…