Unpublished Disposition, 872 F.2d 430 (9th Cir. 1989)

MEMORANDUM^** 

Jose Alvarado-Gonzales appeals his conviction, following a conditional guilty plea, of two counts of aiding and abetting the transportation of illegal aliens. Alvarado-Gonzales claims the district court improperly denied his motion to suppress evidence. He claims that the government lacked founded suspicion to justify stopping the truck in which he was riding. We affirm.

We review de novo the district court's finding of founded suspicion. United States v. Thomas, 844 F.2d 678, 680 (9th Cir. 1988). Government agents may stop a vehicle and question its occupants if the officers have a reasonably founded suspicion that undocumented aliens are being transported. United States v. Cortez, 449 U.S. 411, 417 (1981). An officer's suspicion is reasonable if it is based on "specific articulable facts, together with rational inferences from those facts." United States v. Brignoni Ponce, 422 U.S. 873, 884 (1975).

Border Patrol agent Arellano had reasonably founded suspicion of criminal activity to justify stopping the truck. The truck was parked in a remote area close to the Mexican border where numerous illegal aliens had been apprehended. When Arellano approached the truck, he saw Alvarado-Gonzales run around the back of the truck and jump into the passenger seat. The truck then drove off at high speed. As the truck passed Arellano, the driver appeared nervous.

Based on his knowledge and his observations of the truck and of the demeanor of Alvarado-Gonzales and the driver, Arellano had reasonably founded suspicion. The stop was permissible.

AFFIRMED.