July 13th, 2018

US Court of Appeals for the Fifth Circuit Opinions
United States v. Robles-Avalos

Dockets: 17-50633, 17-51037
Opinion Date: July 12, 2018
Judge: Jerry Edwin Smith
Areas of Law: Criminal Law

The Fifth Circuit affirmed the district court's denial of defendants' motion to suppress after they pleaded guilty to aiding and abetting possession with intent to distribute marijuana. The court held that the totality of the circumstances supported the denial of the motion to suppress where the border patrol agent had reasonable suspicion to stop the vehicle while on roving patrol of an area known to be used for smuggling; the vehicle at issue stood out from the typical truck or SUV used by local ranch vehicles; and the driver was going well below the posted speed limit, was tapping the brakes as though lost or searching for something along the road, pulled over at a known pickup point, and looked into the distance; and when the agent saw the vehicle a short time later, numerous additional passengers had appeared.

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