Matson

MEMORANDUM **

Having pled guilty, Defendant-Appellant Jason Matson (“Matson”) appeals the district court’s denial of his motion to suppress evidence. We address each of his arguments in turn.

Matson first argues that border patrol agents did not have reasonable suspicion to stop his vehicle. To conduct an investigatory stop, an officer must have “a reasonable suspicion that the particular person being stopped has committed or is about to commit a crime.” United States v. Montero-Camargo, 208 F.3d 1122, 1129 (9th Cir.2000) (en banc) (emphasis removed). In the border patrol context, reasonable suspicion can be based on the “(1) characteristics of the area [in which the vehicle is encountered]; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the drive[r] including obvious attempts to evade officers; (6) appearance or behavior of the passengers; (7) model and appearance of the vehicle; and (8) officer experience.” United States v. Tiong, 224 F.3d 1136, 1139 (9th Cir.2000).

The border patrol agents had reasonable suspicion to pull Matson over. They were situated in Danville, Washington, a…