United States v. Darrell Dempsey

MEMORANDUM

Darrell Wayne Dempsey appeals his conviction for illegal transportation of an alien for profit, in violation of 8 U.S.C. § 1324 (a)( 1)(A)(ii) and (B)(i). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether reasonable suspicion exists to justify a stop, and we review for clear error the district court’s underlying factual findings. See United States v. Palos-Marquez, 591 F.3d 1272, 1274 (9th Cir.2010). We affirm.

Dempsey contends the district court erred in denying his motion to suppress evidence because the police lacked reasonable suspicion for the stop of his vehicle. To determine whether a stop was supported by reasonable suspicion, “we consider whether, in light of the totality of the circumstances, the officer had a ‘particularized and objective basis for suspecting the particular person stopped of criminal activity.’ ” United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir.2007) (quoting United States v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

Here, the totality of the circumstances included Dempsey’s rigid driving posture, his failure to acknowledge the police, his proximity to the border, his slowing…