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CA9: Egregious Fourth Amendment violation warrants suppression in deportation case despite Lopez-Mendoza

By John Wesley Hall, Jr.

Egregious Payton violation of warrantless entry into the home justifies exclusion of evidence obtained for deportation despite Lopez-Mendoza. Lopez-Rodriguez v. Mukasey, 2008 U.S. App. LEXIS 16847 (9th Cir. August 8, 2008): In INS v. Lopez-Mendoza, the Supreme Court held that the Fourth Amendment exclusionary rule does not generally apply in deportation proceedings, where the sole issues are identity and alienage. 468 U.S. 1032, 1034 (1984). "However, the Court expressly left open the possibility that the exclusionary rule might still apply in cases involving 'egregious violations of Fourth Amendment or other liberties that might transgress notions of fundamental fairness and undermine the probative value of the evidence obtained.'" Orhorhaghe v...continue to full post

Full post as published by Fourth Amendment on August 11, 2008 (boomark / email).