Avelar-Ceja
United States v. Avelar-Ceja
Opinion
Lead Opinion
*17 MEMORANDUM **
Christian Marcelo Avelar-Ceja appeals the district court’s denial of his motion to suppress, arguing that the Border Patrol agent lacked reasonable suspicion to stop his truck. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
In light of the totality of the circumstances, the border patrol agent had a “particularized and objective basis for suspecting [Avelar-Ceja] of criminal activity.” United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir.2007) (quoting United States v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)). Stationed on Frink Road at the intersection of Highway 111, the border patrol agent observed Avelar-Ceja make a U-turn on the highway and head away from the checkpoint. After the agent pulled out behind him, Avelar-Ceja made a second U-turn and eventually turned onto Frink Road, a road that can be used to avoid the checkpoint on Highway 111. See United States v. Garcia-Barron, 116 F.3d 1305, 1306 (9th Cir.1997). These turns, coupled with the officers’ observations about the vehicle and the area, provided reasonable suspicion to support the stop.