United States V. Brignoni-Ponce - Background

Background

As part of normal procedure for the Border Patrol in Southern California there was a permanent traffic checkpoint set up Highway 5 just outside of San Clemente. On March 11, 1973, the checkpoint had been closed because of inclement weather so the officers sat on the side of the highway in their vehicle with their headlights facing northbound traffic. They pursued a vehicle with three occupants in it, stating later that their only reason for pursuing the vehicle was because of the occupant's apparent Mexican ethnicity.

The officers questioned Felix Humberto Brignoni-Ponce and his two passengers about their citizenship and discovered that Brignoni-Ponce's two passengers had entered the country illegally. The officers proceeded to arrest the three individuals. The driver was charged with two counts of knowingly transporting illegal immigrants, a violation of § 274 (a) (2) of the Immigration and Nationality Act, 66 Stat. 228 and the two passengers were arrested for entering the country illegally.

At the trial for the defendant, he argued that the two passengers should not have to testify because their statements were the result of an illegal seizure, but his motion was denied. The two passengers testified and the defendant was found guilty of both counts. The defendant then appealed the decision saying that because the stop was based solely on the basis of his ethnicity, it was a violation of his Fourth Amendment rights. The Fourth Amendment protects a person from unreasonable search and seizures.