United States v. Abel Aguirre Mariscal
Opinion
Opinion
Fernandez, J.
Abel Aguirre Mariscal appeals his conviction for being an illegal alien in possession of a firearm. See 18 U.S.C. §§ 922 (g)(5)(A); 924(a)(2). He contends that the district court erred when it denied his motion to suppress evidence derived from a car stop which was not based on reasonable suspicion. We agree and reverse.
BACKGROUND
On October 6, 2000, Officers Luebkin, Crosier, Knudson and Wetzel of the Phoenix Police Department’s Special Assignments Unit (SAU) were conducting undercover surveillance of a residence and a vehicle parked at that residence in the City of Phoenix. They were in plain clothes and were driving unmarked vehicles. Officers Garrett and Segerstrom, who were in uniform and driving a marked patrol car, were standing by to assist the SAU officers by making a traffic stop, if requested to do so.
At 9:41 p.m., Officer Knudson observed the vehicle, a Ford LTD Crown Victoria, pull away from its location, head North on 53rd Avenue, and then head East on McDowell Road in the curb lane. He notified the patrol officers of that, and they positioned themselves at a stop sign at 52nd Drive and McDowell Road. From that position, they saw the Crown Victoria come…