Category Archives: Immigration arrests

D.C.Cir.: Bivens not extended to immigration detention

Bivens should not be extended to an immigration detention. K.O. v. Sessions, 2022 U.S. App. LEXIS 20984 (D.C. Cir. July 29, 2022). Plaintiff filed a § 1983 case against his prosecution which fails on Younger grounds. As to an illegal … Continue reading

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CA9: IRS didn’t coerce consent, def was advised of rights in writing

“To prove a Fourth Amendment violation, Orrock needed to show by clear and convincing evidence that an IRS agent induced a consent search by deceit, trickery, or an affirmative misrepresentation. … No IRS agent made an affirmative misrepresentation. Rather, Orrock … Continue reading

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CA3: Def’s immigration detention was not an egregious 4A violation

Defendant was involved in an immigration stop where officers were looking for another person allegedly illegally reentering. After finding he was not the person they were looking for, they tried to confirm his identity, and the detention might have been … Continue reading

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D.D.C.: New 4A issues in reply brief are normally waived

After a motion to suppress was filed and briefed and the government responded, new issues in the reply brief are usually treated as waived. Here, however, the court will let him proceed on those issues and he can file a … Continue reading

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IN: There is no immigration exception to the 4A

There is no immigration exception to the Fourth Amendment. The City can conclude that immigration administrative detainers violate the Fourth Amendment. City of Gary v. Nicholson, 2021 Ind. App. LEXIS 381 (Dec. 10, 2021):

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LA5: Chain of custody issue after search isn’t a motion to suppress issue

A chain of custody dispute from a search isn’t proper in a motion to suppress. That’s a trial issue. State v. Mackey, 2021 La. App. LEXIS 1068 (La. App. 5 Cir. July 12, 2021). “Plaintiff Sally Gaetjens sued various local … Continue reading

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W.D.Mo.: Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion.

Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion. “Here, the officers knew that two black males were shooting firearms, and Defendant and Jackson were two black males who had been involved in the shooting. While the … Continue reading

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CA5: RS for immigration stop was based on location and officer’s experience

“The Government argues, and we agree, that the totality of the circumstances here support a finding that Agent Stauffiger had reasonable suspicion to justify stopping Nelson’s vehicle. First, our Court has recognized that proximity to the border is ‘a paramount … Continue reading

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CA5 declines to extend Bivens to 4A claims outside the home

Court declines to extend Bivens to a search in parking lot because it thinks SCOTUS would agree. Bivens was a search of the home. Byrd v. Lamb, 2021 U.S. App. LEXIS 6844 (5th Cir. Mar. 9, 2021). “Henriquez-Perez has not … Continue reading

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OH11: Driver being passed out behind the steering wheel with the engine running is RS

The driver being passed out behind the steering wheel with the engine running and radio playing is reasonable suspicion. State v. Cassel, 2021-Ohio-661, 2021 Ohio App. LEXIS 654 (11th Dist. Mar. 8, 2021).* Defendant’s stop was justified by a traffic … Continue reading

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CA9: ICE warrant authorized knocking at appellant’s door, and co-occupant consented to entry

ICE officers could approach appellant’s door under Jardines with an immigration arrest warrant even though it is not a judicial warrant. “The immigration warrant licensed the officers to solicit consent to entry for the limited purpose of enforcing the civil … Continue reading

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CA9: When the 4A question isn’t settled, the alleged 4A violation can’t be egregious in immigration cases

“In immigration proceedings, the exclusionary rule applies to evidence obtained in violation of the Fourth Amendment only when the violation is egregious. … Petitioners bear the burden of making a prima facie showing of an egregious Fourth Amendment violation. … … Continue reading

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NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported

NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported (“He was arrested and spent more than two months in a detention facility before getting a bond hearing, according to the ACLU.”)

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CA9: Gerstein applies to immigration arrests

Gerstein applies to immigration arrests in this class action. Plaintiff was a U.S. citizen detained by ICE. Gonzalez v. U.S. Immigration & Customs Enforcement, 2020 U.S. App. LEXIS 28827 (9th Cir. Sept. 11, 2020). There was probable cause for a … Continue reading

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CA9: It was well established that “illegal presence” in the U.S. was not a crime, so ptf’s arrest was unreasonable

Illegal entry is a crime, but not mere presence, and that was well established since 2012. Defendant’s arrest of plaintiff in a courtroom as a witness on suspicion of being here illegally at the request of a JP was unreasonable. … Continue reading

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CA9 applies QI standard to “egregious violations” of 4A for ICE entries

ICE entry onto appellant’s curtilage to arrest him was not an egregious violation of the Fourth Amendment, the court applying qualified immunity language to show it wasn’t. “At the time of the entry, no binding authority held that an officer’s … Continue reading

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Courthouse News Service: Judge Declares Courthouse Immigration Arrests Illegal in New York

Courthouse News Service: Judge Declares Courthouse Immigration Arrests Illegal in New York by Adam Klasfeld:

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MT: State’s acting on nonbinding immigration detainer is an arrest subject to 4A and state law

An immigration detainer is not a demand to a state law enforcement officer to make a civil arrest, but, if a state law enforcement officer acts on it, it is a new arrest. It is ripe for judicial review because, … Continue reading

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San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups

San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups by Lisa Deaderick (“In Greyhound’s recent decision to no longer allow Border Patrol immigration checks on its buses, civil rights groups say … Continue reading

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WaPo: ICE runs facial-recognition searches on millions of Md. drivers, alarming immigration and privacy activists

WaPo: ICE runs facial-recognition searches on millions of Md. drivers, alarming immigration and privacy activists by Drew Harwell and Erin Cox (“Maryland defied federal guidelines in 2013 when it created driver’s licenses for undocumented immigrants. But in recent years, Immigration … Continue reading

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