California v. Mendoza
Annotate this CaseBlanca Luna Mendoza was convicted by jury of transporting for sale more than four kilograms of cocaine based on evidence a U.S. Customs and Border Protection agent acquired after a stop on Interstate 15 in California. Mendoza sought to exclude the evidence, arguing the agent did not have reasonable suspicion she was engaged in criminal activity when he stopped her. The agent said he decided to stop Mendoza because she was driving in a known smuggling corridor in a vehicle which had crossed the United States-Mexico border in the prior week; she slowed and changed lanes after he pulled alongside her in an unmarked car, rolled down his window, and stared at her; she drove at approximately 50 miles per hour to stay behind him; and she then refused to look at him when she ultimately passed him a few minutes later. The trial court held, with reservations, that the stop was justified, and a jury later convicted her of transporting narcotics for sale. Mendoza appealed. The Court of Appeal concluded the agent based his decision to stop Mendoza on insufficient evidence she was engaged in criminal activity. "At bottom, the agent acted on a hunch, which is improper, even though - in this case - it proved correct."
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