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U.S. v. RESENDEZ

No. 77-5683.

578 F.2d 1041 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Eliseo A. RESENDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 1978.

Attorney(s) appearing for the Case

Charles L. Caperton, Dallas, Tex., Kenneth E. Labowitz, Alexandria, Va., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., Le Roy Morgan Jahn, Asst. U. S. Atty., Ronald P. Guyer and John E. Murphy, Trial Attys., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON, and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Eliseo Resendez, appealing from a drug conviction, raises a single issue — whether the investigatory stop was based on reasonable suspicion? After carefully reviewing the circumstances existing at the time of the stop, we conclude that the government agents lacked information sufficient to justify the investigatory stop. Because defendant was illegally stopped, the contraband seized at the time of the stop should have been suppressed...

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