More of the Same with a Roving Border Patrol Stop

U.S. v. Cheromiah, --- F.3d ----, 2006 WL 2147732 (10th Cir. Aug. 02, 2006)

Busted with pot.

Roving Border Patrol agent had reasonable suspicion to stop vehicle because: it was a van and vans are used to transport illegal immigrants; it had temporary Texas plates; it was on Hwy 26 prepared to go north on I-25 and possibly used this well-used route to avoid fixed checkpoints; it was an area frequented by smugglers; the passengers stiffened, avoided eye contact and a back seat passenger bent down when they saw the BP officer. The 10th bats back D’s “but...buts” (eye contact not enough, bending down in the back seat consistent with innocent behavior, temp. tag means nothing) with an accusation that D is trying to divide and analyze singly the totality factors, and by pointing out that on numerous occasions they have found reasonable suspicion on similar showings.

The detention did not exceed the scope of the stop. The purpose was to see if the van carried any illegal immigrants, the BP agent could not see the entire interior so reasonably opened the back door to check when he smelled fabric softener, justifying continued detention on the reasonable suspicion that drugs were present.