United States v. Vidal Soto-Soto

The government appeals from an order of the district court granting defendant’s motion to suppress from evidence marijuana found in defendant’s pickup truck by an agent of the Federal Bureau of Investigation at Calexico, California, a port of entry at the United States-Mexico border. We hold that the district court did not err in suppressing the evidence.

FACTS

1. On October 28, 1976, Thomas J. Summers, Jr., an agent of the Federal Bureau of Investigation (FBI), was conducting an inspection to locate stolen vehicles. He was inspecting automobiles as they entered the United States from Mexico through the commercial gate at the port of entry at Calexico, California.

2. FBI Agent Summers selected for inspection late-model pickups, especially Fords and Chevrolets, as being likely to have been stolen in the United States and transported to Mexico.

3. At approximately 9:10 a. m., the defendant attempted entry into the United States through the commercial gate at Calexico. He was driving a 1976 Chevrolet pickup and this fact was the sole basis for Agent Summer’s decision to stop the vehicle.

4. Agent Summers stopped the defendant’s truck and informed him that he was with the FBI and…