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Third Circuit finds evidence insufficient to support conviction for harboring; upholds seizure based on anonymous tip

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

On September 9, 2008, the Third Circuit issued its decision in United States v. Silveus, Case No. 07-3544.  It focused on two issues raised by the appellant, Rozaline Silveus: Whether the evidence was sufficient to support her conviction for harboring an illegal alien (her boyfriend, Dorsainvil Jean), and whether ICE agents' seizure of her -- and the search that followed -- was constitutional.The Third Circuit held that the government's evidence was insufficient to convict Ms. Silveus of harboring Mr. Jean.  As the Court observed, the evidence supporting the harboring charge was limited to the following:  As ICE agents approached Ms. Silveus's house, they heard a door slam and some bushes break.  Then, as they went to the front door, they saw Ms...continue to full post

Full post as published by Third Circuit Blog on October 21, 2008 (boomark / email).