pants and underwear.64 It indicated that afterwards they called two witnesses and indicated to them that drugs were found in a newspaper that Mr. Tumbeiro was carrying. The petitioner stated that said newspaper was in the back seat of the police car, and added that the police agents justified the search of Mr. Tumbeiro “because he was nervous and hesitant in their presence and because of the way he was dressed, which was not consistent with the apparel of the people in that place.” 65 The State did not dispute this narrative put forth by the petitioner. 2. The criminal proceeding against Mr. Tumbeiro 42. On August 26, 1998, Oral Court for Federal Criminal Matters No. 1 of the Federal Capital convicted Mr. Tumbeiro and sentenced him to one year and six months in prison for the crime of possession of narcotics.66 43. Defense counsel for Mr. Tumbeiro filed a motion for cassation against that judgment alleging that the arrest of Mr. Tumbeiro could not be justified by “mere subjective assessments by the police agents.” It was argued that the way he dressed or purported expressions of nervousness are not sufficient indicia to allow police agents to search and arrest a person.67 44. On March 15, 1999, the First Chamber of the Federal Court of Appeals for Criminal Cassation handed down a judgment acquitting Mr. Tumbeiro of the crime of possession of narcotics. 68 The Chamber considered that intercepting a person in a public place to check his identity and subsequently placing him in a police vehicle while waiting for the results of a criminal background check was a detention not regulated in the domestic legislation. 69 The Chamber added that the detention to run a criminal background check was not justified in this case, in which there was no duly justified circumstance to lead one to presume that someone had committed a crime or misdemeanor.70 45. The Attorney General filed an extraordinary appeal against this judgment, arguing that the decision of the Federal Court of Appeals for Criminal Cassation annulled a crime prevention initiative that enjoyed legal support.71 He argued that the evidence obtained in that search was valid insofar as the police agents identified the following: (i) based on his behavior and apparel Mr. Tumbeiro did not appear to be from the area; and (ii) when asked what he was doing in the area, he made reference to looking for some replacement electronics, not something one might obtain in the neighboring commercial establishments, for it was a poor area.72 46. On October 3, 2002, the Supreme Court of Justice of the Nation overturned the judgment of the Federal Court of Appeals for Criminal Cassation. 73 The Supreme Court considered that the concepts of “probable cause” and “reasonable suspicion” used by the Supreme Court of the United States apply to this matter, insofar as the identity check procedure performed by the police officers was legitimate, as they had Petition of Carlos Alejandro Tumbeiro, P.1181/2003. Petition of Carlos Alejandro Tumbeiro, P.1181/2003. 66 Motion for Extraordinary Appeal, Case No. 2100, First Chamber, Tumbeiro Carlos Alejandro re:/motion for cassation of March 30, 1999, Annex to the petitioners’ brief of observations of October 6, 2006. 67 Motion for Extraordinary Appeal, Case No. 2100, First Chamber, Tumbeiro Carlos Alejandro re:/motion for cassation of March 30, 1999, Annex to the petitioners’ brief of observations of October 6, 2006. 68 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 69 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/ extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 70 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/ extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 71 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/ extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 72 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/ extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 73 Judgment of the Supreme Court of Justice of the Nation, Tumbeiro Carlos Alejandro re/extraordinary appeal, T135. CCCV of October 3, 2002, Annex to petitioners’ brief of observations of October 16, 2002. 64 65 9