Gonzalez-Quintana

MEMORANDUM *

Because the parties are familiar with the facts of this case we recount only those necessary to our decision.

1. Cesar Gonzalez-Quintana (“Gonzalez”) challenges the constitutionality of the stop in which he was found, arrested, and subsequently convicted by a jury for illegal reentry after deportation. See 8 U.S.C. § 1326 . Courts must consider the totality of the circumstances in evaluating whether reasonable suspicion justified a stop under the Fourth Amendment. United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). Instead of utilizing “divide-and-conquer” analysis of each individual factor justifying reasonable suspicion, courts must consider them in conjunction, giving due deference to the observations of experienced law enforcement officers. Id. at 274-75 , 122 S.Ct. 744 . “Although an officer’s reliance on a mere ‘hunch’ is insufficient to justify a stop, ... the likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard.” Arvizu, 534 U.S. at 274 , 122 S.Ct. 744 (internal citations omitted).

*807 The stop in this…