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Name: U.S. v. Sigmond-Ballesteros
Case #: 00-50408
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/12/2002
Subsequent History: Prehg. den. 10/24/02

There was no reasonable suspicion of smuggling illegal aliens when at 4:20 a.m., the driver of a pickup truck shielded his face after having a light shown into the vehicle, and who moved from the fast lane to the slow lane when the officer’s car came up behind him. When the officer pulled his car behind the pickup in the slow lane, the driver pulled to the side of the road. These facts should not have contributed to any finding of suspicion, since shielding one’s eyes from the light is required for safe operation of the car and the driver’s handbook recommended the actions taken to avoid tailgaters. Remaining factors, such as the road was used with some frequency for smuggling illegal aliens and its proximity to the border, and that the vehicle was a pickup with no rear seat were not enough to supply reasonable suspicion.