United States v. Monsivais

Defendant plead guilty to possession of a firearm while being unlawfully present in the United States. On appeal, defendant challenged the denial of his motion to suppress the evidence. The court concluded that the Government has failed to satisfy its burden under Terry v. Ohio of pointing to specific and articulable facts warranting reasonable suspicion that defendant had committed, was committing or was about to commit a criminal act prior to his seizure. The court explained that, although defendant's behavior might not have been typical of all stranded motorists, the totality of the circumstances prior to the deputy's announcement of a pat-down did not point to any reason to suspect defendant of criminal activity. Therefore, the court concluded that the seizure violated defendant's rights under the Fourth Amendment, and the evidence obtained therefrom must be suppressed. The court reversed the conviction and vacated the sentence. View "United States v. Monsivais" on Justia Law