Can a driver's failure to look at the Border Patrol during a stop constitute a reasonable suspicion for a stop?

MultiRegion, United States of America

The following excerpt is from USA. v. Montero Camargo, 208 F.3d 1122 (9th Cir. 2000):

26. Indeed, in some cases, we have suggested that it cannot be considered at all. See Gonzalez-Rivera v. INS, 22 F.3d 1441, 1446 (9th Cir. 1994) ("[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").

26. Indeed, in some cases, we have suggested that it cannot be considered at all. See Gonzalez-Rivera v. INS, 22 F.3d 1441, 1446 (9th Cir. 1994) ("[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").

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