Category Archives: Immigration checkpoints

D.Ariz.: Immigration checkpoint stop can be enlarged because of smell of marijuana

During an immigration checkpoint on a state highway in Arizona, the smell of marijuana coming from the car allowed the stop to go longer under Rodriguez. “Ruiz-Hernandez has not pointed to any authority, in any context, where law enforcement is … Continue reading

Posted in § 1983 / Bivens, Immigration checkpoints | Comments Off

S.D.Tex.: RS developed during immigration checkpoint stop of U.S. citizens

Defendants were U.S. citizens and had already crossed the border. The car had Louisiana plates. They were stopped at the Falfurrias Border Patrol checkpoint and citizenship was quickly resolved, but reasonable suspicion developed for the car to be referred to … Continue reading

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TN: Off-duty police officer was citizen informant on DUI call

An off-duty police officer saw defendant appeared drunk in her car in a Sonic parking lot and called it in. He was a citizen informant. State v. Irwin, 2016 Tenn. Crim. App. LEXIS 841 (Nov. 8, 2016). The search of … Continue reading

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S.D.Cal.: Admission of MJ in the trunk was PC; officer didn’t have to check on MMJ prescription

An admission defendant had marijuana in the trunk didn’t require the officer to check into whether defendant had a prescription for it. United States v. Robbins, 2016 U.S. Dist. LEXIS 153558 (S.D.Cal. Nov. 3, 2016). Defense counsel did, in fact, … Continue reading

Posted in Immigration checkpoints, Ineffective assistance, Probable cause | Comments Off

CA9: Defense entitled to discovery on whether San Clemente immigration checkpoint also now a general crime control checkpoint

Defendant sought discovery to show that the San Clemente immigration checkpoint on I-5, sustained 40 years ago in Martinez-Fuerte, had also become a general crime control checkpoint, and the district court denied it. The Court of Appeals held that Rule … Continue reading

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CA5: Def consented after drug dog didn’t alert, and it was valid

Defendant was stopped at an immigration checkpoint at Laredo, saying he was going to San Antonio. The officer found the story dubious, ran the paperwork in seconds, and then got a drug dog which did not alert. Then defendant consented … Continue reading

Posted in Immigration checkpoints, Private search | Comments Off

The Texas Tribune: What Are Your Rights at U.S.-Mexico Border Patrol Checkpoints?

The Texas Tribune: What Are Your Rights at U.S.-Mexico Border Patrol Checkpoints? by Julián Aguilar: Under federal law, checkpoints are legal. But officers do have limits in what they can ask you.

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FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol

FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol:

Posted in Border search, Immigration checkpoints | Comments Off

CA2: Avoiding a checkpoint was not RS, but the rest of defs’ minor activity was

Defendants were in an SUV that crested a hill and saw a Border Patrol immigration checkpoint on State Route 11 near the Canadian border in Northern New York, and it abruptly turned into an unmanned vegetable stand at 8 am. … Continue reading

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E.D.N.C.: Def knew police were “on his tail” that he possessed CP, and that authorized warrantless seizure

The record supports the conclusion that defendant, a probationer, knew that the police were “on his tail” that he possessed child pornography and expressed concern about finding child pornography on his electronics. Thus, the police acted reasonably in seizing a … Continue reading

Posted in Emergency / exigency, Immigration checkpoints | Comments Off

TN: Laptop search issue first raised in MNT is way too late; issue waived

Defendant was convicted of four counts of rape of a child. A laptop was properly seized from his car with probable cause under the automobile exception. It was searched without a warrant. Defendant waived the search of the computer by … Continue reading

Posted in Immigration checkpoints, Motion to suppress | Comments Off

W.D.Ark.: Warrantless DNA sample 16 days after arrest was unreasonable

Warrantless taking a DNA sample from an arrestee under state law but 16 days after his arrest violated the Fourth Amendment. If it was at the time of booking, it would have been reasonable. Nominal damages awarded. Lewis v. Brazell, … Continue reading

Posted in Automobile exception, Drug or alcohol testing, Immigration checkpoints | Comments Off