U.S. Court of Appeals for the Ninth Circuit, 1999

United States v. Montero-Camargo

U.S. Court of Appeals for the Ninth Circuit · Decided August 25, 1999 · Damrell, Kozinski, Scannlain

183 F.3d 1172; 1999 WL 641924 (Federal Reporter, Third Series)

Opinion of the Court

ORDER

The slip opinion (“slip op.”) filed May 13, 1999 is amended as follows:

1. At slip op. 4466, lines 22-23 of the text [177 F.3d at 1118], delete “driving and the ethnicity of the occupants;” and replace with “driving, Mexicali license plates, the Hispanic appearance of the occupants,1 and”. Renumber subsequent footnotes.

2. At slip op. 4466, line 29 of the text [177 F.3d at 1118], insert “,” between “Garcia-Barron” and “116”.

. Border Patrol agents may consider the Hispanic appearance of a motorist, but this fact alone does not justify an investigatory stop. See Brigoni-Ponce, 422 U.S. 886-87 ("The likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but standing alone it does not justify stopping all Mexican-Americans to ask if they are aliens.”).

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