United States v. Rufino Valdes-Vega

Opinion by Judge PREGERSON; Dissent by Judge CONLON.

OPINION

Defendant Rufino Ignacio Valdes-Vega (“Valdes-Vega”) appeals the district court’s denial of his motion to suppress cocaine found in his truck. Valdes-Vega contends that the stop of his truck by Border Patrol Agents 70 miles north of the U.S.-Mexico Border violated the Fourth Amendment, and consequently, the cocaine found in his truck must be suppressed. We agree. The totality of the circumstances in this case did not provide Border Patrol Agents with reasonable suspicion to believe that Valdes-Vega was smuggling drugs or aliens. Accordingly, we reverse the district court’s denial of Valdes-Vega’s motion to suppress.

BACKGROUND

A. The Stop of Valdes-Vega’s Truck

On January 21, 2009, Border Patrol Agent Luis Lopez was conducting surveillance in an unmarked vehicle on the northbound shoulder of Interstate 15 (“1-15”), near Fallbrook, California, approximately 70 miles north of the U.S.-Mexico Border. At approximately 2:00 p.m., Agent Lopez observed a red Ford F-150 pickup truck in the far right northbound lane “traveling faster than the flow of traffic.” Agent López began to follow the truck. While he was following the…

dissenting:

The district court correctly considered the totality of the circumstances in concluding the record met the reasonable suspicion standard for the Border Patrol’s stop of Valdes-Vega’s truck. Accordingly, I would affirm the district court’s denial of the motion to suppress 7.991 kilograms of cocaine found in the truck after the stop.

Experienced Border Patrol agents observed Valdes-Vega’s F-150 pickup truck, with a Baja California license plate, traveling northbound at over 90 m.p.h. on Interstate 15 near the Temecula border checkpoint station. The area is recognized as a smuggling corridor. See United States v. Rodriguez-Sanchez, 23 F.3d 1488, 1490 (9th Cir.1994), overruled in part on other grounds by United States v. Montero-Camargo, 208 F.3d 1122, 1131-32 (9th Cir.2000) (en banc). The posted speed limit is 70 m.p.h.; the F-150 was moving faster than the flow of traffic. The agents observed the large pickup was driven erratically, weaving in and out of traffic lanes without signaling and causing other drivers to apply their brakes. After the first Border Patrol agent who attempted to follow the pickup lost sight of the speeding truck, he radioed for another agent to…

BACKGROUND

A. The Stop of Valdes-Vega’s Truck

On January 21, 2009, Border Patrol Agent Luis Lopez was conducting surveillance in an unmarked vehicle on the north- bound shoulder of Interstate 15 (“I-15”), near Fallbrook, Cali- fornia, approximately 70 miles north of the U.S.-Mexico Border. At approximately 2:00 p.m., Agent Lopez observed a red Ford F-150 pickup truck in the far right northbound lane “traveling faster than the flow of traffic.” Agent Lopez began to follow the truck. While he was following the truck, Agent Lopez observed the truck make “erratic lane changes without signaling.” As Agent Lopez followed the truck, he noticed the truck had Baja California license plates. Eventually, Agent Lopez lost sight of the truck because it was moving too quickly and was “weaving in and out of traffic.” Agent Lopez then notified Border Patrol Agent Jeffrey Hays of his observa- tions and asked Agent Hays to provide assistance.

Agent Hays was on patrol in a marked vehicle when he received Agent Lopez’s request for assistance. After speaking with Agent Lopez, Agent Hays entered I-15 at Mission Road, headed northbound, and attempted to catch up with the truck. Agent Hays…