United States v. Victor Manuel Santamaria-Hernandez

The government appeals the district court’s order suppressing evidence obtained after the automobile of the defendant, Victor Manuel Santamaria-Hernan-dez, was stopped by border patrol agents. The pivotal issue is whether the “founded suspicion” essential to the stop of Santama-ría’ s car may be based in part on events occurring after the border patrol car turned on its red lights and siren, but before Santamaria’s car was actually stopped after a chase. The government argues that the Supreme Court decision of California v. Hodari D., - U.S. -, 111 S.Ct. 1547 , 113 L.Ed.2d 690 (1991), decided after the district court had ruled, allows founded suspicion to be based on events occurring during the chase. We agree, and accordingly we reverse.

FACTS

On October 28, 1990, a border patrol agent stationed atop a viewpoint overlooking the San Ysidro, California Port of Entry from Mexico received a radio message that suspected illegal aliens had crossed the border and were walking north along Interstate 5. Shortly thereafter, the agent saw a group of pedestrians cross Interstate 5 on foot on the United States side of the border. The agent lost sight of them when they neared a set of bushes…