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Garcia-Cordero: "Bring and Present" Requirement does not violate Privilege

By Tim Cone

In U.S. v. Garcia-Cordero, No. 09-10292 (June 29, 2010), the Court held that 8 U.S.C. § 1324(a)(2)(B)(iii), which imposes a duty on individuals transporting international passengers to ?bring and present? those passengers to appropriate immigration officers at a designated point of entry immediately upon arrival into the country, does not violate a defendant?s privilege against self-incrimination.The Court noted that the ?regulatory regime? doctrine permits the government to compel conduct without violating the privilege against self-incrimination. The Court noted that drivers involved in accidents are required to exchange names and addresses with the drivers of other vehicles, and that persons are required to file income tax returns, even when doing so may expose them to criminal charges...continue to full post

Full post as published by Defense Newsletter Blog on June 29, 2010 (boomark / email).