The Fourth Amendment’s protections extend to brief investigatory stops that fall short of a traditional arrest. Ramirez v. City of Buena Park, 560 F.3d 1012, 1020 (9th Cir. 2009) (citing United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002)). Courts must determine, based on the totality of the circumstances, whether a police-initiated stop is supported by the officer’s reasonable suspicion. Id. Reasonable suspicion exists if “specific, articulable facts . . . together with objective and reasonable inferences” suggest that the persons detained by the police are engaged in criminal activity. United States v. Lopez-Soto, 205 F.3d 1101, 1105 (9th Cir. 2000) (citations omitted).
An officer’s mere hunch is insufficient to meet the reasonable suspicion standard. Arvizu, 534 U.S. at 274. However, conduct that appears innocent to untrained eyes can convey different information to an experienced and trained observer. See United States v. Bernard, 623 F.2d 551, 560 (9th Cir. 1980) (“The test is whether ordinary, reasonable men, possessed of the experience and knowledge of [the police officers] would conclude that the transaction . . . was more likely than not a criminal transaction”) (citations omitted).
The government justifies the officers’ initial stop based on Sergeant Justus’ knowledge of Swingle and his belief that the pressure washer was likely stolen and being traded for drugs. However, this court finds that based on the totality of the circumstances, the police did not have reasonable suspicion to order defendant out of the mobile home. Defendant’s conduct involving the pressure washer did not provide Sergeant Justus with a reasonable basis to “conclude that the transaction . . . was more likely than not a criminal transaction.” Bernard,623 F.2d at 560. The court considered the PPB’s experience with Swingle, but notes that Swingle has never been convicted of stealing property. Additionally, Sergeant Justus’ testified during the hearing that he stops Swingle every time he sees him, regardless of the circumstances. Such conduct, supported only by speculation is unwarranted and falls short of establishing reasonable suspicion to search and detain Swingle, and anybody unfortunate enough to be traveling with him, whenever Swingle is seen in possession of personal property.
U.S. v. Izguerra-Robles, 660 F. Supp. 2d 1202, 1206 (D. Or. 2009), https://casetext.com/case/us-v-izguerra-robles
Anton Vialtsin, Esq.
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