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D.Ore.: Defendant unreasonably detained after he ID'd self

By John Wesley Hall, Jr.

Defendant was unreasonably detained after he produced a Mexican driver's license which was facially valid and could be used to identify him. Motion to suppress granted. United States v. Izguerra-Robles, 2009 U.S. Dist. LEXIS 83543 (D. Ore. September 14, 2009): The government contends that defendant was lawfully placed under arrest only after failing to display a driver's license. This court disagrees and finds that defendant was constructively arrested when he was ordered from the mobile home. See United States v. Al-Azzawy, 784 F.2d 890, 892-94 (9th Cir. 1985) (holding that coercive police conduct outside a home can result in the arrest of person within the home). Based on the totality of the circumstances, a reasonable person in defendant's position would not feel he was free to disobey the two police officers ordering him from the mobile home...continue to full post

Full post as published by Fourth Amendment on September 18, 2009 (boomark / email).