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: Defense Newsletter Blog

Caraballo: Biographical Information In I-213 Immigration Forms Do Not Violate Confrontation Clause

By Tim Cone

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In U.S. v. Caraballo, No. 09-10428 (Jan. 27, 2010), the Court affirmed alien smuggling convictions.The Court found probable cause for the defendant?s arrest, and affirmed denial of the motion to suppress: Law enforcement observed a fishing boat displaying inconsistent types of fishing rods; two persons aboard were nervously scanning the shoreline; once at the boat ramp the persons were moving as quickly as possible to load the boat onto a truck; they gave inconsistent answers to questions; and they appeared ?very nervous.? Further, the agents were justified in undertaking a ?protective sweep? of the boat (without a warrant): the conduct of the persons questioned by law enforcement gave reason to believe that there may have been another person on board (eleven illegal aliens were found, stowed away together in a cabin)...continue to full post

Full post as published by Defense Newsletter Blog on January 28, 2010 (boomark / email).

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