The Fourth Amendment’s prohibition of unreasonable searches and seizures extends to the brief investigatory stop of a vehicle. United States v. Brignoni–Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578–79, 45 L.Ed.2d 607 (1975). An officer may not detain *246 a motorist without a showing of “reasonable suspicion.” Rodriguez, 976 F.2d at 594. This “objective basis, or ‘reasonable suspicion,’ must consist of ‘specific, articulable facts which, together with objective and reasonable inferences, form the basis for suspecting that the particular person detained is engaged in criminal activity.’ ” Id. (citations omitted). A “gloss on this rule prohibits reasonable suspicion from being based on broad profiles which cast suspicion on entire categories of people without any individualized suspicion of the particular person to be stopped.” United States v. Rodriguez–Sanchez, 23 F.3d 1488, 1492 (9th Cir.1994). United States v. Garcia-Camacho, 53 F.3d 244, 245–46 (9th Cir. 1995)
This court recently stated in Gonzalez–Rivera v. INS, 22 F.3d 1441, 1446 (9th Cir.1994), that “[u]nder Ninth Circuit law, a driver’s failure to look at the Border Patrol cannot weigh in the balance of whether there existed reasonable suspicion for a stop.” The court stated:
A driver’s failure to look at the border patrol car [cannot be used to justify the agent’s suspicion] since the opposite reaction, a driver’s repeated glancing at a Border Patrol car, can also be used to justify the agent’s suspicion. To give weight to this type of justification “would put the officers in a classic ‘heads I win, tails you lose’ position [and] the driver, of course, can only lose.” Id. at 1447 (citation omitted). United States v. Garcia-Camacho, 53 F.3d 244, 247 (9th Cir. 1995)
Full case here: United States v. Garcia-Camacho, 53 F.3d 244, 247 (9th Cir. 1995), https://cite.case.law/f3d/53/244/
Anton Vialtsin, Esq.
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