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CA11: Information that defendant was here illegally and was wanted for a double homicide in Mexico was justification for approaching him

By John Wesley Hall, Jr.

Officers had reasonable suspicion to support their initial approach to defendant based on information that he was in the United States illegally and was wanted in Mexico for homicide. Defendant’s actions when he was told to raise his hands, but put them in front of his waistband gave rise to probable cause for arrest. His search produced a gun there. His wife validly consented, and all that was used to get a search warrant. United States v. Ochoa, 2010 U.S. App. LEXIS 23380 (11th Cir. November 9, 2010) (unpublished).* A bankruptcy case recognized the doctrine of collateral estoppel from a criminal conviction, noting that Allen v. McCurry, 449 U.S. 90, 95-96 (1980), is a collateral estoppel bar to relitigating a search claim in federal court that the state court has already affirmed...continue to full post

Full post as published by Fourth Amendment on November 15, 2010 (boomark / email).