United States v. Inez Ramon Salinas, 940 F.2d 392 (9th Cir. 1991). · Go Syfert
United States v. Inez Ramon Salinas, 940 F.2d 392 (9th Cir. 1991). Cases Citing This Book View Copy Cite
66 citation events (8 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Victor Manuel Heredia-Quiroz (ca9, 1993-05-17)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Victor Manuel Heredia-Quiroz (2×) also: Cited as authority (rule)
9th Cir. · 1993 · signal: see also · quote attribution · 1 verbatim quote · confidence high
founded suspicion exists when an officer is aware of specific articulable facts, that, together with rational inferences drawn from them, reasonably warrant a suspicion that the person to be detained has committed or is about to commit a crime.
cited Cited as authority (rule) Global Neighborhood v. Respect Washington
Wash. Ct. App. · 2019 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir. 1991).
discussed Cited as authority (rule) State v. Beckman
Nev. · 2013 · confidence medium
United States v. Salinas, 940 F.2d 392, 394-95 (9th Cir. 1991) (finding no reasonable suspicion where officers observed hand-prints on the trunk of an automobile).
cited Cited as authority (rule) United States v. Griffith
D. Ariz. · 2010 · confidence medium
United, States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) Ortega Melendres v. Arpaio
D. Ariz. · 2009 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Berber-Tinoco
9th Cir. · 2007 · confidence medium
The ensuing conduct of the vehicles, which arrived at the suspected time at the suspected site, created a particularized set of circumstances and did not raise a concern that officers might on this basis target “[t]housands of United States citi- zens.” United States v. Salinas, 940 F.2d 392, 395 (9th Cir. 1991).
discussed Cited as authority (rule) United States v. Berber-Tinoco
9th Cir. · 2007 · confidence medium
The ensuing conduct of the vehicles, which arrived at the suspected time at the suspected site, created a particularized set of circumstances and does not raise a concern that officers might on this basis target “[thousands of United States citizens.” United States v. Salinas, 940 F.2d 392, 395 (9th Cir.1991).
cited Cited as authority (rule) United States v. Romero-Montiel
9th Cir. · 2002 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir. 1991).
discussed Cited as authority (rule) United States v. Ralph Arvizu
9th Cir. · 2000 · confidence medium
Rather, reasonable suspicion exists only when an officer is aware of specific, articulable facts which, when considered with objective and reasonable inferences, form a basis for particularized suspicion. 8 United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Arvizu
9th Cir. · 2000 · confidence medium
Rather, reasonable suspicion exists only when an officer is aware of specific, articu-lable facts which, when considered with objective and reasonable inferences, form a basis for particularized suspicion. 8 United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen (2×)
9th Cir. · 2000 · confidence medium
See United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Olafson
9th Cir. · 2000 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Heather Ladon Olafson
9th Cir. · 2000 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Montero-Camargo
9th Cir. · 1999 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Pablo Coronado-Osuna
9th Cir. · 1997 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Jorge Adolfo Lopez-Mena
9th Cir. · 1995 · confidence medium
As we stated in United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991), it is well known that many thousands of Mexican males drive cars to work every morning into border towns in the U.S., rendering stops based on such a profile unreasonable.
cited Cited as authority (rule) United States v. Maria Dolores Triste, United States of America v. Bartolo Navarro-Ortiz
9th Cir. · 1994 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Cesar Loya-Gutierrez (2×) also: Cited "see, e.g."
9th Cir. · 1993 · confidence medium
United States v. Rodriguez, 976 F.2d 592, 594 (9th Cir.1992), as amended by 997 F.2d 1306 (1993); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Rafael Vargas-Calva (2×) also: Cited "see, e.g."
9th Cir. · 1993 · confidence medium
United States v. Rodriguez, 976 F.2d 592, 594 (9th Cir.1992), as amended by 997 F.2d 1306 (1993); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Hector Jesus Gonzalez-Morales, AKA Hector Jesus Gonzalez (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
United States v. Rodriguez, 976 F.2d 592, 594 (9th Cir.1992), amended on other grounds, No. 91-50423, slip op. 7423 (July 14, 1993); United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Daniel Gilberto Palafox-Martinez
9th Cir. · 1993 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Kenneth Michal Chico, Sr. Javier Mosqueira-Talamente (2×)
9th Cir. · 1992 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Alberto Molina-Sierra
9th Cir. · 1992 · confidence medium
Salinas, 940 F.2d at 394
discussed Cited as authority (rule) United States v. Raymundo Gonzalez-Zavala (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Martin Covarrubias-Padilla
9th Cir. · 1992 · confidence medium
United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir.1989). 4 The fourth amendment forbids stopping a vehicle, even for the limited purpose of questioning its occupants, absent "a founded suspicion of criminal conduct." United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Jose Maria Rojo-Aguilar (2×) also: Cited "see, e.g."
9th Cir. · 1992 · signal: contra · confidence medium
Contra Salinas, 940 F.2d at 393-94 (major commuter highway in morning rush hour); Hernandez-Alvarez, 891 F.2d at 1415 (interstate highway 19).
discussed Cited as authority (rule) United States v. Franzuha Sierra-Byrd (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
cited Cited as authority (rule) United States v. Andres Navarro-Lopez, United States of America v. Ignacio Cabanillas-Zatarain
9th Cir. · 1991 · confidence medium
United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited "see" United States v. Quintin Soto-Plata
9th Cir. · 1997 · signal: see · confidence high
See United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir.1989). 4 Reasonable suspicion exists if "an officer is aware of specific articulable facts, that, together with rational inferences drawn from them, reasonably warrant a suspicion that the person to be detained has committed or is about to commit a crime." United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991).
discussed Cited "see, e.g." United States v. Jesus Rogelio Quezada-Rivera
9th Cir. · 1995 · signal: see also · confidence low
See also United States v. Salinas, 940 F.2d 392 (9th Cir. 1991) (factors including car's large luggage area and heavily laden appearance, fresh handprints in dust on trunk, defendant's Mexican appearance, and car's registration to an address in an area with a high concentration of smuggling activity insufficient); United States v. Hernandez-Alvarado, 891 F.2d 1414 (9th Cir. 1989) (factors including nervous demeanor of car's occupants, reduction in speed from 65 to 55 m.p.h., size of car's trunk, presence of a two-way antenna on trunk, license plate bracketing indicating car was purchased from …
discussed Cited "see, e.g." United States v. Ramiro Rodriguez
9th Cir. · 1993 · signal: compare · confidence medium
Compare United States v. Salinas, 940 F.2d 392, 394 (9th Cir.1991) with United States v. Bugarin-Casas, 484 F.2d 853, 855 (9th Cir.1973), cert. denied, 414 U.S. 1136 , 94 S.Ct. 881 , 38 L.Ed.2d 762 (1974).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Inez Ramon SALINAS, Defendant-Appellant
89-10350.
Court of Appeals for the Ninth Circuit.
Aug 5, 1991.
940 F.2d 392
1991 WL 143830
Jose H. Robles, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellant., Milan D. Tesanovich, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.
Wright, Goodwin, Skopil.
Cited by 36 opinions  |  Published

ORDER

The memorandum disposition filed May 24, 1991, is redesignated as an authored opinion by Judge Goodwin.

OPINION

GOODWIN, Circuit Judge:

Inez Ramon Salinas appeals his conviction following entry of a conditional guilty plea to one count of possession with intent to distribute 104 pounds of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D). Salinas contends that the district court erred by denying his motion to suppress evidence because the officer who stopped his vehicle lacked founded suspicion of criminal conduct. We agree and reverse.

The Border Patrol officer relied upon six observations to create a founded suspicion. All six are equally consistent with noncriminal activity, such as driving to work in the morning. (1) Salinas was driving a 1974 Pontiac with a large luggage compartment; (2) the car appeared to be heavily loaded; (3) the officer saw fresh handprints in the dust on the trunk; (4) Salinas appeared to be a Mexican; (5) the car was registered in Bisbee, and (6) Salinas glanced at the officer as he drove past the Border Patrol car.

On December 6, 1988, Border Patrol Agent Daniel Moreno was parked observing traffic on State Highway 80, a two-lane paved road running north from Mexico connecting Douglas, Bisbee, Benson and Will-cox with Tucson. Near Benson, Arizona, about 70 miles from the border, he was watching fairly heavy morning commuter traffic. Moreno observed a white Pontiac automobile driven by Salinas travelling at normal speed northbound at 8:35 a.m. Moreno noticed that the vehicle was an[*394] older model with a large trunk and passenger area which, in his experience, was of a type commonly used for drug and alien smuggling. He also noticed that the vehicle appeared loaded down in the rear and that the driver was of Spanish or Mexican origin. As the vehicle passed Agent Moreno, the driver glanced at him, prompting Agent Moreno to follow the vehicle.

Agent Moreno followed the vehicle for about four or five miles, during which time he noticed that there was dust on the vehicle’s trunk with fresh handprints visible on it. While being followed, the vehicle did not speed up or make any unusual movements. A registration check revealed that the vehicle was from Bisbee, Arizona, near the town of Naco which the agent knew to have a high concentration of drug and alien smuggling. Upon receiving the results of the registration check, and based upon his observations to that point, Agent Moreno stopped the vehicle. As he walked towards the vehicle, Agent Moreno noticed two large bags in the back seat. When asked to open the bags, Salinas got out of his vehicle, opened the back door and opened the bags, revealing 104 pounds of marijuana.

Salinas moved to suppress the marijuana on the ground that the facts articulated by the officer, if sufficient to justify this stop, would also justify the arrest of every Mexican male driving to work in an old Pontiac on State Route 80 if his car was dusty, carrying packages, and was registered in Bisbee.

The fourth amendment forbids stopping a vehicle even for the limited purpose of questioning its occupants unless police officers have a founded suspicion of criminal conduct. United States v. Ramirez-Sandoval, 872 F.2d 1392, 1395 (9th Cir.1989). “Founded suspicion must exist at the time the officer initiates the stop.” United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). In evaluating whether founded suspicion exists, the totality of the circumstances should be considered. United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1586, 104 L.Ed.2d 1 (1989); United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir.1989).

Founded suspicion exists when an officer is aware of specific articulable facts, that, together with rational inferences drawn from them, reasonably warrant a suspicion that the person to be detained has committed or is about to commit a crime. United States v. Cortez, 449 U.S. 411, 416-18, 101 S.Ct. 690, 694-95, 66 L.Ed.2d 621 (1981); United States v. Robert L., 874 F.2d 701, 703 (9th Cir.1989) (no founded suspicion where driver quickly glanced at officers and did not break any traffic laws, and vehicle had large trunk which did not appear heavily loaded). “Permissible deductions or rational inferences must be grounded in objective facts and be capable of rational explanation.” Hernandez-Alvarado, 891 F.2d at 1416. “The facts are to be interpreted in light of a trained officer’s experience.” Id. at 1416 (nervous demeanor of driver and passengers, reduction in speed of vehicle, presence of two-way antenna on trunk, driver’s residence in neighborhood under investigation for drug activity, and size of vehicle trunk were together insufficient to establish founded suspicion); Nicacio v. United States INS, 797 F.2d 700, 705 (9th Cir.1985).

It is a well known fact, of which we can take judicial notice, that Mexican males, driving old model General Motors sedans, blend into the morning commuter traffic to transport tons of Mexican marijuana from ports of entry in small towns along the Arizona-Sonora border. It is also well known that many thousands more Mexican males drive old model General Motors cars to work every morning. This phenomenon might justify the installation of a checkpoint where all cars could be inspected, or subjected to canine sniffing, but it does not justify the random stopping of “suspicious” looking ears because the officer knows that a substantial number of them will, indeed, be carrying contraband.

[*395] Thousands of United States citizens of Mexican ancestry drive old cars on perfectly legitimate errands, with 100 pounds of potatoes or carpenter tools or other commodities weighing down the rear springs. A driver who glances at a border patrol car does not thereby become a suspicious character.

REVERSED.