United States v. Inez Ramon Salinas

ORDER

The memorandum disposition filed May 24, 1991, is redesignated as an authored opinion by Judge Goodwin.

OPINION

Inez Ramon Salinas appeals his conviction following entry of a conditional guilty plea to one count of possession with intent to distribute 104 pounds of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(D). Salinas contends that the district court erred by denying his motion to suppress evidence because the officer who stopped his vehicle lacked founded suspicion of criminal conduct. We agree and reverse.

The Border Patrol officer relied upon six observations to create a founded suspicion. All six are equally consistent with noncriminal activity, such as driving to work in the morning. (1) Salinas was driving a 1974 Pontiac with a large luggage compartment; (2) the car appeared to be heavily loaded; (3) the officer saw fresh handprints in the dust on the trunk; (4) Salinas appeared to be a Mexican; (5) the car was registered in Bisbee, and (6) Salinas glanced at the officer as he drove past the Border Patrol car.

On December 6, 1988, Border Patrol Agent Daniel Moreno was parked observing traffic on State Highway 80, a two-lane paved road running…