{"id":3413,"date":"2009-10-18T09:18:20","date_gmt":"2009-10-01T16:37:50","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-01T16:37:50","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3413","title":{"rendered":"CA7: Conclusory allegation of egregious violation of Fourth Amendment rights insufficient to seek to make exclusionary rule apply to removal proceedings"},"content":{"rendered":"

A conclusory allegation of an egregious Fourth Amendment violation to get around Lopez-Mendoza<\/a> that the exclusionary rule does not apply to removal proceedings doesn’t cut it. Krasilych v. Holder<\/a>, 2009 U.S. App. LEXIS 21342 (7th Cir. September 29, 2009):<\/p>\n

But even assuming that the guidelines are enforceable and were not followed in Operation Durango, the BIA was still correct in approving the IJ’s decision to deny Krasilych’s request to exclude evidence because the exclusionary rule generally does not apply in removal proceedings. See INS v. Lopez-Mendoza<\/a>, 468 U.S. 1032, 1050-51, 104 S. Ct. 3479, 82 L. Ed. 2d 778 (1984); Mireles v. Gonzales, 433 F.3d 965, 967 (7th Cir. 2006); Martinez-Camargo v. INS, 282 F.3d 487, 492 (7th Cir. 2002). In Lopez-Mendoza<\/a>, the Court left open the possibility that the exclusionary rule may apply where there have been “egregious violations of Fourth Amendment or other liberties that might transgress notions of fundamental fairness and undermine the probative value of the evidence obtained.” 468 U.S. at 1050-51; see also Martinez-Camargo, 282 F.3d at 492. Hoping to fit into this exception, Krasilych blithely asserts that “Fourth Amendment violations” in Operation Durango were “widespread and egregious.” What the Fourth Amendment, which prohibits unreasonable searches and seizures, has to do with Krasilych’s involvement in Operation Durango escapes us, and he has not even come close to identifying an “egregious violation” of any other liberty.<\/p><\/blockquote>\n

CI’s statement he saw cocaine in the defendant’s possession within the last 72 hours and knows what cocaine looks like is sufficient for a SW to issue. United States v. Miller, 2009 U.S. Dist. LEXIS 89182 (N.D. Ill. September 28, 2009).*<\/p>\n

Defendant was arrested in his underwear and t-shirt at the door of his hotel room. His request to get clothes was a consent for the police to reenter with him. United States v. Snard, 2009 U.S. Dist. LEXIS 89128 (E.D. Pa. September 28, 2009).*<\/p>\n

A search warrant was executed for a stolen Caterpillar 246 Turbo skid loader and documents relating to it. The warrant permitted entry into the house for the records. United States v. Graham, 2009 U.S. Dist. LEXIS 89398 (N.D. Iowa September 28, 2009), adopted 2009 U.S. Dist. LEXIS 96239 (N.D. Iowa October 15, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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