Macias-Encinas

United States v. Macias-Encinas

Good Law
291 F. App'x 59
United States Court of Appeals for the Ninth CircuitAugust 19, 2008No. 07-50353California833 words

Opinion

Lead Opinion

MEMORANDUM **

Rafael Macias-Encinas (“Macias”) appeals the district court’s denial of his motion to suppress evidence seized by border patrol agents in connection with the stop of a vehicle in which he was a passenger. In support of his motion, Macias argues that: 1) the stop was not supported by reasonable suspicion, 2) his detention was unreasonably prolonged, and 3) the agents lacked probable cause to arrest him.

We affirm the district court’s finding that reasonable suspicion supported the stop. Border patrol agents observed three trucks pull into a campground located within a mile of the border, watched as the individuals from the trucks unloaded vehicles capable of traversing the sand dunes, saw those vehicles head in the direction of Mexico, and observed a man *61 with binoculars surveying the interstate before meeting with the individuals when they returned to the campground — behavior that in the officers’ experience was characteristic of scouting, which is associated with drug smuggling. In light of the totality of the circumstances, the officers had a “ ‘particularized and objective basis’ ” for suspecting criminal activity. United States v. Berber-Tinoco, 510 F.3d…

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