United States v. Fabian Lopez

MEMORANDUM

Fabian Lopez appeals the district court’s denial of his motion to suppress, and also contends that the district court erred with respect to two jury instructions and two adjustments under the United States Sentencing Guidelines (USSG). We affirm.

The factors identified by the district court, including that Lopez’s vehicle was on a known smuggling route during a shift change at the border checkpoint, the appearance of the vehicle, Lopez’s nervous demeanor and guilty look towards the Border Patrol officer, and his unusual garb, considered in light of the Border Patrol officers’ training and experience, see United States v. Arvizu, 534 U.S. 266, 273-74 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002), were sufficient for the officers to form a “particularized and objective basis” for suspecting wrongdoing and justified the stop of the vehicle. See United States v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981). The district court correctly considered the totality of the circumstances, rather than each factor individually.

Neither the officers’ observations of the undercarriage of the vehicle, which was in plain view, nor their “minimally intrusive”…