Leal

MEMORANDUM *

The United States appeals the district court’s order granting defendants’ motion to suppress evidence arising from an investigatory stop of their van. The govern *609 ment contends that the district court erred in holding that border patrol agents did not have founded suspicion to believe that the occupants of the car were smuggling drugs or aliens across the Mexican border under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). We have jurisdiction over this appeal under 18 U.S.C. § 3731 . Because we conclude the agents’ investigatory stop of Leal and Deck was valid under Terry , we reverse.

Law enforcement agents may make brief investigatory stops of moving vehicles when they have founded suspicion the occupants have been or are involved in criminal activity. People of the Territory of Guam v. Ichiyasu, 838 F.2d 353, 355 (9th Cir.1988); United States v. Hensley, 469 U.S. 221 , 105 S.Ct. 675 , 83 L.Ed.2d 604 (1985); see also Terry v. Ohio, 392 U.S. 1, 22 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). In evaluating whether reasonable suspicion of criminal activity existed, a court must consider “the totality of the circumstances — the whole picture.”…