Summers

United States v. Summers

Good Law
153 F. Supp. 3d 1261·2015 WL 9413135·2015 U.S. Dist. LEXIS 170865
United States District Court, Southern District of CaliforniaDecember 22, 2015CASE NO. 15cr716-WQHCalifornia3,732 words

Opinion

Lead Opinion

Hayes, J.

ORDER

The matters before the Court are: (1) the motion to suppress evidence obtained at an unconstitutional checkpoint; and (2) the motion to suppress evidence obtained by an unconstitutional trunk search (ECF Nos. 53-1, 53-2 and 67-1, 67-2).

I. Background Facts

The United States Border Patrol, El Centro Sector operates the Highway 86 checkpoint near Westmorland, California. The Highway 86 checkpoint is a permanent checkpoint staffed solely by Border Patrol agents. During the past three-year period, there were approximately 1,746 apprehensions at the checkpoint, approximately 1,579 were immigration related and approximately 167 were drug-related.

On February 28,.2015, at approximately 8:30 p.m., Defendant Kenneth Summers approached the Highway 86 checkpoint in a black Volkswagen Jetta. Defendant sat behind the wheel, and his son sat in the passenger seat. Defendant pulled up to the primary inspection point and stopped at the marked stop sign. United States Border Patrol Agent Stephen Stypinski identified himself as a- Border Patrol agent and asked Defendant for his citizenship status. Defendant responded that he was a United States citizen.

While Agent Stypinski questioned…

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