Court of Appeals for the Fifth Circuit September 30, 1998, 97-50641 (United States v. Alfredo Moreno-Chaparro)

POLITZ, Chief Judge:

Alfredo Moreno-Chaparro appeals the district court’s denial of his motion to suppress evidence allegedly obtained as the result of an unconstitutional stop by a United States Border Patrol agent. For the reasons assigned we conclude and hold that the stop at issue violated fourth amendment guarantees.

BACKGROUND

On March 5, 1997 at approximately 2:00 p.m.