United States v. Raymundo Gonzalez-Zavala

Good Law
967 F.2d 593·1992 WL 129820·1992 U.S. App. LEXIS 24653
United States Court of Appeals for the Ninth CircuitJune 12, 199291-50593California1,128 words

Opinion

Opinion

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Raymundo GONZALEZ-ZAVALA, Defendant-Appellant. No. 91-50593. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided June 12, 1992. Before ALARCON, WILLIAM A. NORRIS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Raymundo Gonzalez-Zavala ("Gonzalez") pled guilty to possession of a controlled substance in violation of 21 U.S.C. § 844 (a). He appeals from the denial of his motion to suppress the marijuana discovered in his automobile following a stop by border patrol agents. We must decide whether the facts articulated by the agents were sufficient to provide founded suspicion. We reverse because we conclude that the totality of the circumstances describe a large category of presumably innocent persons. 3 The district court relied on the following facts to support its conclusion that founded suspicion justified the stop. The area in…

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