Haines

United States v. Haines

Good Law
31 F. App'x 486
United States Court of Appeals for the Ninth CircuitMarch 4, 2002No. 01-50165; D.C. No. CR-00-01690-JSRCalifornia320 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Joseph Anthony Haines appeals his conviction and sentence for possession of marijuana with intent to distribute under 21 U.S.C. § 841 (a)(1). The conviction was entered under a conditional plea of guilty so that Haines could challenge the denial of his motion to suppress the marijuana found in his truck, and challenge the denial of his motion for discovery. Haines contends that the Border Patrol lacked suspicion to prolong his detention beyond the initial stop at the immigration checkpoint. The Border Patrol agents had the requisite “articulable suspicion ... of criminal activity”, however, because while conducting the initial routine immigration questioning, an officer saw the duffel bags in the bed of the truck and noted the outline of square bricks. See United States v. Taylor, 934 F.2d 218, 221 (9th Cir.1991). The bags were large enough to contain possible aliens, and the blocks were, in the experience of one of the agents, similar to those used to package marijuana. The bags and their contents, coupled with Haines’ nervous behavior, created more than adequate articulable suspicion to justify the brief further detention. Id.

The district court also…

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