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United States v. Montero-Camargo

United States Court of Appeals for the Ninth Circuit

208 F.3d 1222 (2000)

Relevant factsFree

Border Patrol agents near an El Centro, California checkpoint received a tip that two cars with Mexican plates had made suspicious U-turns after seeing a sign the checkpoint had reopened, then observed the two cars pull back onto the highway from an area agents knew was commonly used for illegal drop-offs due to its lack of visibility from the checkpoint and absence of nearby exits. One agent pulled over the first car while another followed the second, noticing its driver, Montero-Camargo (defendant), appeared Hispanic before stopping and searching his car, discovering marijuana and a pistol. The district court denied Montero-Camargo's motion to suppress this evidence, relying partly on his Hispanic appearance, and he appealed.

IssueFree

Whether ethnicity can be used to form a basis for particularized suspicion for an investigatory stop by law enforcement officers.

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