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U.S. v. BAUTISTA-SILVA

No. 08-13803.

567 F.3d 1266 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Juan BAUTISTA-SILVA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 11, 2009.

Attorney(s) appearing for the Case

Peter J. Sholl, Tampa, FL, for U.S.

Craig L. Crawford and Donna Lee Elm, Fed. Pub. Defenders, Orlando, FL, for Defendant-Appellee.

Before BARKETT, PRYOR and FARRIS, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents the question whether a veteran border patrol agent, while on patrol in a marked vehicle in a corridor known for human smuggling in South Florida, reasonably suspected that a sport-utility-vehicle with California license plates containing six adult males of apparently Hispanic descent was transporting illegal aliens when the driver changed speeds erratically on a slippery road and the passengers appeared nervous and refused...

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