Category Archives: Immigration checkpoints

M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under … Continue reading

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LATimes: Border Patrol agents spark anger after boarding bus in Florida to ask passengers for proof of citizenship

LATimes: Border Patrol agents spark anger after boarding bus in Florida to ask passengers for proof of citizenship by Jenny Jarvie:

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IL: A motion to suppress and a motion for directed finding of NG are fundamentally two different things

Defendant sought a motion to suppress which was actually a motion for directed finding of not guilty. They are different things. People v. Lomeli, 2017 IL App (3d) 150815, 2017 Ill. App. LEXIS 782 (Dec. 15, 2017). This immigration checkpoint … Continue reading

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NY1: Suppression of firearm in criminal case wasn’t collateral estoppel in civil case where ptf didn’t offer any evidence

Suppression of a firearm in the criminal court was not collateral estoppel to a civil case for false arrest, particularly where plaintiff offered no evidence at all. Davidson v. City of New York, 2017 NY Slip Op 08313, 2017 N.Y. … Continue reading

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LA5: CI’s story provided PC for defendant’s stop for a hand-to-hand transaction police then observed

The CI provided probable cause for defendant’s stop for a hand-to-hand transaction. The CI’s story was that was what was going down, and defendant came up to the car and leaned in. While the officers didn’t see what happened in … Continue reading

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WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling

WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling by Kathleen Masterson: Within 100 miles of the border and the coastline, Border Patrol agents have broad authority to stop cars and people for immigration questions. For example, … Continue reading

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The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight

The Hill: ACLU sues Homeland Security, Customs over ID check on domestic flight by Lydia Wheeler:

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CA5: Thumping a spare tire on PC wasn’t an unreasonable search

“Here, the agent articulated several observations which, based on his eight years of experience at this [immigration] checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due … Continue reading

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D.Minn.: The gov’t cites a three-way circuit split on standing in a rental car; the circuit authority controls

Defendant was driving a rental car with permission of the renter, and that gives him standing in this circuit. There is a three way circuit split, and this court can’t resolve that. United States v. Bettis, 2017 U.S. Dist. LEXIS … Continue reading

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S.D.Tex.: Border Patrol had RS two vehicles were traveling in tandem during midnight border crossing

The Border Patrol officer had reasonable suspicion to stop defendant’s vehicle for transporting persons across the border in the trunk. Defendant got past the checkpoint, but another officer’s suspicions of a following car were heightened. After two were found in … Continue reading

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MI: Unreasonable mistake of law voids search

Defendant’s arrest was without probable cause for violating a no trespassing ordinance. It was a public place, open for business, defendant briefly entered and did nothing wrong. The search incident to the arrest thus fails too. Mistake of law as … Continue reading

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S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

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