United States v. Emigdio Olmos-Esparza

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Emigdio OLMOS-ESPARZA, Defendant-Appellant. No. 94-50324. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 6, 1995. Before: NOONAN, O'SCANNLAIN and LEAVY, Circuit Judges. 1 MEMORANDUM ** I. Motion to Suppress 2 Agent Prat testified, inter alia, that Olmos' nervousness, unwillingness to make eye contact, and inattention to things going on around him were consistent with the conduct of a smuggler; that there is no discernible difference between the nervous actions of a drug smuggler and the nervous actions of a smuggler of illegal aliens; and that there were places in Olmos' truck where illegal aliens could have hidden (e.g., truck bed's locked tool box, area between driver's seat and back wall of cab). 3 "Potential immigration violations support a secondary referral." United States v. Preciado-Robles, 964 F.2d 882, 884 (9th…