United States v. Ramiro Rodriguez
Opinion
Opinion
Poole, J.
INTRODUCTION
Appellant Ramiro Rodriguez, convicted under 21 U.S.C. § 841 (a)(1) of possessing a controlled substance with intent to distribute (168 pounds of marijuana), appeals the denial of his motion to suppress evidence seized after an investigatory stop by U.S. Border Patrol Agents. Rodriguez claims that the agents did not have reasonable suspicion to stop his car, and thus conducted an illegal search in violation of the fourth amendment. We agree and reverse the district court’s ruling.
FACTUAL AND PROCEDURAL BACKGROUND
On August 4,1990, at approximately 7:00 p.m., Rodriguez traveled alone heading west on Interstate 8 in Southern California driving a 1976 Ford Ranchero. Two Border Patrol Agents sat in their marked car parked 20 feet to the side of the highway near the In-Ko-Pah exit. The agents saw Rodriguez approach from a quarter of a mile away. They noted that he looked Hispanic, sat up straight, kept both hands on the wheel, and looked straight ahead. He did not “acknowledge” the agents, which they thought suspicious since, as they testified, “all the other traffic that went by— people had their feet out the window. They had their arms out the window. They were…