* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________

No. 97-50614

_______________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

CARLOS MOYA-LEYVA,

Defendant-Appellant.

_________________________

Appeal from the United States District Court

for the Western District of Texas 

(P97-CR-48-1)

_________________________

July 30, 1998

Before KING, SMITH, and PARKER, Circuit Judges.

PER CURIAM:*

At approximately 6:15 a.m., Carlos Moya-Leyva was stopped near

the Marfa Border Patrol checkpoint. Resting on his back seat, in

plain view of the officer making the stop, were bundles of

marihuana. On the front seat were a jack, spare tire, and other

items normally carried in a car trunk. The trunk, in turn, was

full of marihuana. A total of 344.3 pounds of marihuana was
2

ultimately found in the car.

Moya-Leyva made a conditional plea of guilty to importing

marihuana, reserving the right to appeal the denial of his motion

to suppress. We affirm.

Border Patrol agents may temporarily stop vehicles for

investigation if the agent is “aware of specific articulable facts,

together with rational inferences from those facts, that reasonably

warrant suspicion” that the vehicle is involved in some illegal

activity. See United States v. Brigoni-Ponce, 422 U.S. 873, 884

(1975). A court deciding whether an officer had reasonable

suspicion must consider the totality of the circumstances,

including the officers' collective knowledge. See United States v.

Cardona, 955 F.2d 976, 977-80 (5th Cir. 1992). Courts generally

look to a number of factors that may justify suspicion, including

the characteristics of the area; the officers' experience;

proximity to the border; patterns of traffic; characteristics of

the vehicle; the driver's behavior; known information of recent

illegal trafficking in the area; and the number, behavior, and

appearance of passengers. See Brigoni-Ponce, 506 U.S. at 884-85.

The district court considered the following circumstances:

The Marfa checkpoint is located about sixty miles from the Mexican

border, on a route frequently used by smugglers. Moya-Leyva passed

by the checkpoint at a time known by smugglers to be when officers

change shifts. He was traveling north, away from the border. As
3

he passed by, officers were searching another car, a Firebird, to

which a drug-sniffing dog had alerted. Although the Firebird

appeared to be designed to smuggle drugs, the officers had found

none and had therefore concluded that the Firebird might have been

the “decoy” or “scout” car in the commonly-used “lead car, load

car” arrangement. The driver of the Firebird had also mentioned to

the officers that he had recently purchased several “blue narco's

cars.” Moya-Leyva was driving a dark blue Plymouth four-door, a

former police car. 

As he drove by, the officers could see by the checkpoint's

streetlights that Moya-Leyva stared straight ahead “as if he had

blinders on,” contrary to their experience that it is “human

nature” to look over at officers searching a car. The Firebird

they were searching had temporary paper tags, similar to MoyaLeyva's. The officers also noticed that Moya-Leyva's car was

riding low, as if it was carrying a heavy load in the trunk. The

officers concluded that Moya-Leyva's vehicle might be the “load

car” following the Firebird's lead. When one officer said to the

other that he was “going after” Moya-Leyva's car, the driver of the

Firebird appeared nervous. 

Border Patrol Agent Harrison followed Moya-Leyva. Harrison

had twelve years' experience with the Border Patrol, with 21⁄2 years'

experience at the Marfa checkpoint. Harrison found it unusual that

Moya-Leyva never looked at him in the rear-view mirror. On several

occasions, Moya-Leyva slowed down as if to encourage Harrison to
4

pass, but never pulled out of the traffic lane as Harrison said is

customary in the area. Eventually, convinced that there was

“something illegal going on,” Harrison put on his siren to stop

Moya-Leyva. After traveling for about another mile, Moya-Leyva

pulled over, and Harrison saw the marihuana in plain view.

Based on these circumstances, Agent Harrison easily had

reasonable suspicion to stop Moya-Leyva. AFFIRMED.