United States v. Ricardo D.

Ricardo D. appeals his conviction for juvenile delinquency in violation of 18 U.S.C. §§ 5031-37 , based on possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(vii). Appellant argues that the district court erred in denying his motions to suppress evidence and statements. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

I

The relevant facts are not in dispute. On the evening of May 17, 1989, United States Border Patrol Agent Philip Johnson positioned himself to survey a ranch located on Highway 92 south of Sierra Vista, Arizona. Based on his prior tracking of footprints from Mexico leading to the ranch, Agent Johnson suspected possible drug activity. At approximately 9:30 p.m., he saw five or six men cross the highway and disappear near the entrance walls to the ranch. About ten minutes later, a van briefly entered the ranch. Agent Johnson contacted two other agents, Garcia and Emery, to assist him in stopping the van.

With the agents in pursuit, the van stopped suddenly on the side of the highway. Agent Johnson testified that he saw “a young, thin man, not too tall” run from the van and jump a nearby right-of-way…