Avelar-Ceja

United States v. Avelar-Ceja

Good Law
313 F. App'x 16
United States Court of Appeals for the Ninth CircuitAugust 19, 2008No. 07-50448California471 words

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.

As we have already recognized, “a U-turn on a highway is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.