United States v. Robert L.

The sole issue with which this appeal is concerned is whether, under all of the facts and circumstances, founded suspicion existed to justify the investigatory detention of a juvenile’s automobile. Because we conclude that founded suspicion was lacking, we reverse.

I. FACTUAL BACKGROUND

The parties largely agree on the underlying facts. It is the significance of those facts that they dispute.

On December 17, 1987, at approximately 1:45 p.m., Christopher Truty, a border patrol agent, was helping direct traffic at an accident scene north of Nogales, Arizona when he noted the approach of Robert L’s car. Because traffic was limited to one northbound lane, motorists had to move slowly as they passed the accident site. Agent Truty saw another officer stop Robert L (apparently to instruct him to slow down), converse with him briefly, and then send him on his way. According to Truty, Robert L left the accident scene at a somewhat “quicker pace” than other traffic. Agent Truty also testified that the appellant glanced at him as he drove by and then turned quickly away, putting his eyes on the road.

Truty was aware that it had recently become customary in the Nogales area to use…