United States v. Hernandez-Lopez

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Motion to Suppress, filed April 28, 2010 (Doc. 21) (“Motion”). The Court held an evidentiary hearing on August 13, 2010. The primary issues are: (i) whether United States Border Patrol Agent Rodolfo Gutierrez, Jr. had reasonable suspicion to stop the Dodge sedan in which Defendant Roberto Javier Hernandez-Lopez was a passenger; and (ii) whether Gutierrez was justified in detaining Hernandez-Lopez. The Court grants Hernandez-Lopez’ Motion, because it finds Gutierrez did not have…