Griffin

United States v. Griffin

Good Law
4 F. App'x 412
United States Court of Appeals for the Ninth CircuitFebruary 16, 2001Nos. 00-30095, 00-30127; D.C. Nos. CR-99-00098-EFS, CR-99-00099-EFSCalifornia393 words

Opinion

Lead Opinion

MEMORANDUM *

Mickey E. Griffin and Brett Coldwell appeal denial of their motion to suppress. We affirm.

Both contend that Sadler lacked reasonable suspicion to stop the vehicle. We disagree. Sadler had been told by Customs Inspector Peterson, who lived in one of the two houses on Similkimeen Road, that he saw an SUV with two occupants, one on either side, parked near the gravel pit about 11:00 p.m. The road parallels the border some 50 yards away, and dead-ends at the Nighthawk Port of Entry, which is closed after 5:00 p.m. Illegal crossings have occasionally occurred in the area. When Sadler got to the area about midnight, he observed brake lights going off and on in the distance. The vehicle reappeared several minutes later traveling in the opposite direction (toward Sadler), without headlights on. This sufficed for reasonable suspicion to stop the vehicle *413 for investigatory purposes. Illinois v. Wardlow, 528 U.S. 119, 125, 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000) (determination of reasonable suspicion is “based on commonsense judgments and inferences about human behavior”); United States v. Mattarolo, 209 F.3d 1153, 1157 (9th Cir.2000) (time of night and surrounding area…

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