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CA11: Identity would not be suppressed from an illegal arrest

By John Wesley Hall, Jr.

Under Hudson and Herring, defendant's identity would not be suppressed from an illegal arrest. United States v. Farias-Gonzalez, 2009 U.S. App. LEXIS 2060 (11th Cir. February 3, 2009): Additionally, allowing a criminal defendant to use the exclusionary rule to exclude evidence of his identity achieves the same result as would allowing him to suppress the court's jurisdiction over him. While Farias-Gonzalez does not seek to prevent the court from summoning him before it, he does seek to prevent the Government from showing who he is when he appears before it. If Farias-Gonzalez can suppress the Government's evidence of who he is, then he has accomplished the same thing he would have accomplished had he suppressed the ability of the court to exercise jurisdiction over him...continue to full post

Full post as published by Fourth Amendment on February 10, 2009 (boomark / email).