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 was provided with IRS Notice 609, informing him of the possibility that information obtained could be used for criminal investigation and prosecution.” United States v. Orrock, 2022 U.S. App. LEXIS 2376 (9th Cir. Jan. 26, 2022).*

There was at least reasonable suspicion so the immigration search and arrest was not an egregious violation of the Fourth Amendment. Rivera v. AG of the United States, 2022 U.S. App. LEXIS 2359 (3d Cir. Jan. 26, 2022).*

This entry was posted in Consent, Immigration arrests. Bookmark the permalink.

Comments are closed.