United States v. Vanita Rodriguez
Opinion
Opinion
MEMORANDUM
Convicted of four counts of transporting, and aiding and abetting the transportation of, undocumented aliens within the United States, Defendant-Appellant, Vanita Lynn Rodriguez, appeals the denial of her motion to suppress. Her appeal raises the single issue of whether the district court erred in finding that the U.S. Border Patrol agent had reasonable suspicion under the Fourth Amendment to stop the vehicle she was operating. Since we conclude that the stop was supported by reasonable suspicion, we need not decide in the first instance whether her encounter with the Border Patrol agent constituted a seizure implicating the Fourth Amendment.
The undisputed facts in this case revealed that a gray Toyota Corolla operated by Appellant was observed by a U.S. Border Patrol agent pulling into the alley behind a suspected alien stash house. The stash house was located in close proximity to the Mexican border. When the Toyota stopped in the alley, it appeared to be occupied by two individuals. When the Toyota departed approximately four minutes later, a second Border Patrol agent conducting surveillance nearby noticed five people in the Toyota.