United States v. Arnaldo Melendez-Gonzalez, A/K/A Lebrado Mendoza-Martinez

JERRE S. WILLIAMS, Circuit Judge:

This appeal is by Arnaldo Melendez-Gonzalez, convicted after a bench trial of possession with intent to distribute marihuana in violation of 21 U.S.C. § 841(a)(1). It poses the sole question whether the stop and search of his automobile violated the Fourth Amendment. After carefully reviewing the circumstances surrounding the stop, we conclude that the roving border patrol agents lacked sufficient cause to justify the warrantless stop. Since the stop was illegal, the court erred in failing to grant defendant’s motion to suppress the contraband obtained as a…