The Blog of the American Constitution Society: Ninth Circuit: Speaking Spanish and Looking Hispanic Do Not Create Probable Cause to Suspect An Individual is An Illegal Alien

“The fact that individuals speak Spanish, appear Hispanic and are near a border — without more — does not create probable cause to stop them, the Ninth Circuit held today in U.S. v. Manzo-Jurado, No. 05-30186.

The case concerns a group of men who were stopped by a police officer while at a football game in Montana. Though the men were not doing anything suspicious, a police officer decided “they might be illegal aliens” and then called in the Border Patrol, who approached the group with a gun drawn.”

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