CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not

This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):

Next, we look at the similarities and discrepancies between the warrant information and Sosa’s descriptive information. Sosa’s name and sex were the same as the wanted Sosa’s. Sosa also did not allege any difference between his and the wanted Sosa’s race. And while Sosa alleged that the two men’s birthdates were “entirely different,” he did not assert that there was any significant difference in the men’s ages. We have previously described the name, sex, race, and age characteristics as “critical.” Rodriguez, 280 F.3d at 1347. As for differences, Sosa identified a forty-pound weight difference and the fact that the wanted Sosa had a tattoo while Sosa had none. We also note that the warrant was out of Texas, while Sosa was a Florida resident.

These differences Sosa alleged were not material, viewed in the totality of the circumstances. Significantly, 26 years had passed between when Harris County issued the warrant for the wanted Sosa and when Sosa was arrested. That figures heavily into our analysis. We have previously observed that weight is “easily variable,” particularly over a number of years, so that is a difference of not “much importance.” Rodriguez, 280 F.3d at 1347 n.14.