Ruelas-Lopez

United States v. Ruelas-Lopez

Good Law
220 F. App'x 707
United States Court of Appeals for the Ninth CircuitFebruary 16, 2007No. 05-50740California290 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Eduardo RuelasLopez (“Ruelas-Lopez”) challenges the district court’s denial of his motion to suppress evidence seized from his vehicle, arguing that the Border Patrol agent did not have “reasonable suspicion” to support the investigatory stop that led to the seizure. We review the district court’s finding of reasonable suspicion de novo. United *708 States v. Arvizu, 534 U.S. 266, 275 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). The court’s factual findings are upheld unless they are clearly erroneous. United States v. Camacho, 368 F.3d 1182, 1183 (9th Cir.2004).

Ruelas-Lopez is correct that the second stop of his vehicle within a short period of time after being released from the first stop by Border Patrol Agent Andrew Mayer (“Mayer”) must be supported by “reasonable suspicion” independent of any suspicion that was dispelled as a result of the first stop. Here, all of the factors taken together “sufficed to form a particularized and objective basis” for the second stop of Ruelas-Lopez’s vehicle. Arvizu, 534 U.S. at 277-78 , 122 S.Ct. 744 ; United States v. Sigmond-Ballesteros, 285 F.3d 1117, 1121 (9th Cir.2002). Immediately upon return to his…

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