Have you been detained at a checkpoint? Probable cause must exist to justify a search of a vehicle stopped at a checkpoint that goes beyond a cursory visual inspection of the vehicle (United States v. Martinez-Fuerte, 428 U.S. 543, 567 (1976).
Questioning at a checkpoint- A brief question or two and possibly the production of a document evidencing a right to be in the United States (United States v. Preciado-Robles, 964 F.2d 882, 885(1992).
At the time of the search, an agent knew only that the driver of the vehicle had an abnormally large smile and his eyes appeared to be abnormally large. “Such cryptic facts alone do not support a finding of probable cause. (Compare California v. Acevedo, 500 U.S. 565, 566-67 (1991).
The government may attempt to justify the prolonged detention of the driver by arguing that in the absence of probable cause the agents possessed reasonable suspicion to temporarily detain him pursuant to further investigation. That argument contradicts the rule of Martinez-Fuerte, which requires probable cause or consent as a basis to arrest or search at a permanent checkpoint.
The Martinez-Fuerte Court stated clearly that probable cause must support a prolonged detention at a permanent checkpoint. Resonable suspicion simply is not sufficient to detain an individual for longer than the time it toakes to complete the brief investigation described in Martinez-Fuerte.
