The following excerpt is from U.S. v. Garcia-Camacho, 53 F.3d 244 (9th Cir. 1995):
As a "mixed question of law and fact, we review de novo whether reasonable suspicion existed for the investigatory stop." United States v. Rodriguez, 976 F.2d 592, 594 (9th Cir.1992) opinion amended on denial of rehearing by 997 F.2d 1306 (9th Cir.1993) (amendments not relevant to the discussion). We conclude the agents did not have reasonable suspicion.
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
Page 246
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.