Whether the stop of Mr. Garcia's vehicle was supported by reasonable suspicion under the Fourth Amendment

QUESTION PRESENTED FOR REVIEW. Petitioner, RODOLFO RIVERA GARCIA, JR., was charged with possession with intent to distribute marijuana. The marijuana was found in Mr. Garcia’s vehicle as a result of an alleged reasonable suspicion “Terry Stop” conducted by officers. Mr. Garcia filed a motion to suppress. The District Court denied the motion and Mr. Garcia entered a conditional guilty plea reserving the right to appeal the denial of his motion to suppress. On direct appeal, Mr. Garcia asserted the stop of his vehicle was without reasonable suspicion. The United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit” or “Appellate Court”) held that the stop was reasonable despite the fact that Mr. Garcia was driving in a safe manner and observing all rules associated with operating a motor vehicle. The Fifth Circuit found the stop was justified because: (1) the stop occurred between 50 and 100 miles from the border, (2) there was recent illegal activity in the area, (3) the officers’ experience with drug cases, (4) “alerts” which purportedly attached the vehicle to smuggling, and (5) the fact Mr. Garcia “tapped his brakes and reduced his speed” when he saw that an official law enforcement vehicle had pulled up beside him as he traveled down the highway. Thus, the Appellate Court held that the totality of the circumstances justified the stop based on reasonable suspicion of illegal activity. Respectfully, the decision of the Fifth Circuit decided an important federal question in a way that conflicts with relevant decisions of this Court concerning the Fourth Amendment of the United States Constitution. Grounds therefore exist for further review and the granting of this Petition for Writ of Certiorari. -i