Bigsby

MEMORANDUM *

The United States appeals a pre-trial ruling by the district court granting defendants Jeffrey Rigsby’s and Sam Sadis’s motion to suppress evidence obtained in violation of the Fourth Amendment. Bigs *596 by and Sadis were arrested and charged with conspiracy to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B) and 846, and with possession with intent to distribute marijuana in violation of 21 U.S.C. § 812 . We have jurisdiction pursuant to 18 U.S.C. § 3731 , and we affirm. We review determinations of reasonable suspicion de novo and findings of historical fact for clear error, giving due weight to “inferences drawn from those facts by resident judges and local law enforcement officers.” United States v. Ornelas, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996).

The government argues that the district court failed to consider the “totality of the circumstances” when concluding that Officer Pribble lacked reasonable suspicion to stop Bigsby’s Toyota pick-up truck. Id. at 696 , 116 S.Ct. 1657 . The record shows, however, that the district court’s factual findings encompassed all the relevant facts and background information, and that…

dissenting.

I respectfully dissent.

In this case, as in Terry v. Ohio, 392 U.S. 1, 20 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), we deal “with an entire rubric of police conduct — necessarily swift action predicated upon the on-the-spot observations of the officer on the beat.” Id. Special Agent Mitchell Pribble had been a law enforcement officer for over eighteen years, and was employed by the Bureau of Immigration and Customs Enforcement (“ICE”) and its predecessor, the U.S. Customs Service, for over fifteen years. Since joining the Customs Service, he spent the majority of his time conducting surveillances and assisting in the interdiction of smuggled goods.

For at least six weeks prior to the evening in question, federal agents had partnered with the Canadian Mounted Police to investigate a marijuana trafficking racket. During the investigation, agents learned that a van that was observed transporting large quantities of marijuana in Los Angeles had been rented by Dean Brandt in Bellingham, Washington. Agents also learned that Brandt had rented vehicles in Bellingham on numerous occasions since July 2003, and that he had driven these vehicles in excess of 37,000 miles during…