Is there probable cause for arrest of a back-seat passenger in a drug-smuggling vehicle?

Although Tovar exited the vehicle upon arrival at the port of entry, this did not make his conduct less suspicious. Because Tovar had a prior smuggling conviction, leaving the vehicle reduced the possibility it would be sent to secondary inspection. Facts that indicate an intent to deflect agents' suspicion away from a drug-laden vehicle are consistent with involvement in a drug-smuggling scheme. See United States v. Baltodano, 215 F.3d 1334 (9th Cir. 2000) (probable cause supported arrest of a back-seat passenger in a drug-laden vehicle because, among other things, his presence was part of a ruse that the vehicle's occupants were on a family vacation).