United States v. Raygoza-Garcia, No. 16-50490 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's denial of defendant's motion to suppress narcotics that border patrol agents found in defendant's vehicle. The panel held that, given the totality of the circumstances, the agents had a particularized and objective basis for suspecting defendant was engaged in criminal activity and had reasonable suspicion to stop him. The panel also affirmed the district court's denial of defendant's request for the court to take judicial notice of other border patrol stops.
Court Description: Criminal Law The panel affirmed (1) the district court’s denial of the defendant’s motion to suppress narcotics that Border Patrol Agents found in the defendant’s vehicle, and (2) the district court’s denial of the defendant’s request for the court to take judicial notice of other Border Patrol stops. Given the totality of the circumstances, and giving due weight to the Agents’ observations and the district court’s factual findings, the panel held that the Agents, who had a particularized and objective basis for suspecting the defendant was engaged in criminal activity, had reasonable suspicion to stop the defendant. The panel rejected the defendant’s argument that this court, or the district court, should consider evidence of “unproductive stops” in the same area, or stops from which no federal prosecutions arose, which the defendant contends show that the Border Patrol Station agents were not properly applying the reasonable suspicion standard. The panel held that this evidence does not constitute facts that are not subject to reasonable dispute and thus, under Fed. R. Evid. 201(b), are not the proper subject for judicial notice. Specially concurring, Judges Murguia and Zouhary wrote separately because although the panel is bound by United States v. Valdes-Vega, 738 F.3d 1074 (9th Cir. 2013)
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