United States v. Jose Luis Hernandez-Lopez

This is an appeal by Jose Luis Hernandez-Lopez of a criminal conviction for the transportation of an illegal alien into the United States. On September 12, 1975, appellant’s car, which he was driving, was stopped by a California Highway Patrol Officer because the car did not have a valid 1975 registration sticker. The car came to a stop directly in front of the San Clemente Border Patrol office on Interstate Highway 5, and appellant got out to talk with the Highway Patrol Officer.

While the Officer was writing a citation for the sticker violation, Border Patrol Agent James LeMon came out of his office “possibly to assist by translating for the Highway Patrol officer, since the driver appeared to be of Latin descent.” As Agent LeMon approached the car, he observed a passenger in the front seat. At trial, LeMon testified that the passenger was “sitting very rigidly in his seat, steadfastly staring straight ahead” and that in his dress and appearance he “looked like a Mexican cowboy.” On the basis of the appearance of the passenger and the additional observation that the driver was having some difficulty conversing with the Highway Patrol Officer in English, Agent LeMon…