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MN: Biographical information obtained in violation of constitutional is subject to the exclusionary rule

By John Wesley Hall, Jr.

Biographical information obtained in violation of constitutional is subject to the exclusionary rule. State v. Maldonado-Arreaga, 2009 Minn. App. LEXIS 176 (September 15, 2009): The federal circuits have taken different approaches to how Lopez-Mendoza relates to challenges to biographical/identity evidence in criminal proceedings. See United States v. Guevara-Martinez, 262 F.3d 751, 753-54 (8th Cir. 2001) (discussing Fifth, Eighth, and Ninth Circuit cases). The most persuasive discussion is found in Guevara-Martinez. There, appellant was fingerprinted after an illegal traffic stop, and subsequently charged with being an illegal alien found in the United States after deportation. Id. at 752. He moved to suppress fingerprint evidence as well as statements he made about his identity, and the government opposed the motion by relying on the same language from Lopez-Mendoza identified by respondent in this case...continue to full post

Full post as published by Fourth Amendment on September 17, 2009 (boomark / email).