CA9: Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment

An Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment. (DoJ agrees.) Sura v. Garland, 2021 U.S. App. LEXIS 24508 n.3 (9th Cir. Aug. 17, 2021):

Two of our sister circuits have also held that a Red Notice, without more, is insufficient to create probable cause to arrest someone. See Radiowala v. Att’y Gen., 930 F.3d 577, 580 n.1 (3d Cir. 2019) (“Congress has not seen fit to prescribe that an Interpol Red Notice alone is an independent basis for removal. … [T]he Department of Justice’s view is that, by itself, a Red Notice is not a sufficient basis for arresting someone [because it] often falls short of what the Fourth Amendment requires.”); Hernandez Lara v. Barr, 962 F.3d 45, 48 n.3 (1st Cir. 2020) (recognizing a “Red Notice alone is not a sufficient basis to arrest the ‘subject’ of the notice” (citation omitted)).