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Criminal Law

: Tenth Circuit Blog

Circuit Snippets

By Shari Allison

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These are interesting (to me, anyway) cases from around the country:The Eleventh Circuit added to the circuit split over suppression of identity evidence that is obtained as the result of an illegal search, coming down on the side of the 9th Circuit, which had held such evidence is never suppressible, US v. Ortiz-Hernandez, 427 F.3d 567 (9th Cir. 2005), and disagreeing with the Tenth, which had held in US v. Olivares-Rangel, 458 F.3d 1104 (10th Cir. 2006), that the Supreme Court's decision in Lopez-Mendoza applied only to civil deportation proceedings and thus illegally obtained identity evidence could be suppressed. In this case, the facts are so outrageous I'll spend a little time on them. The story was that two special ICE agents were patrolling Atlanta apartment complexes for possible gang activity...continue to full post

Full post as published by Tenth Circuit Blog on February 24, 2009 (boomark / email).

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