UNITED STATES of America, Plaintiff-Appellee, v. Remigio CHAN-JIMENEZ, Defendant-Appellant

REINHARDT, Circuit Judge:

Remigio Chan-Jimenez appeals the district court’s denial of his motion to suppress evidence that he alleges was obtained in violation of the Fourth Amendment. He argues that he was seized without reasonable suspicion and that his consent to the search of his truck was not freely and voluntarily made. We agree and reverse his conviction for conspiracy to possess and possession with intent to distribute marijuana under 21 U.S.C. §§ 841(a)(1) & 846 (1994).

I. BACKGROUND

The underlying facts are as follows: on October 26, 1995, Officer Raymond Price of the Tohono O’odham…