Lopez-Mendoza v. Immigration & Naturalization Service

ALARCON, Circuit Judge, with whom EUGENE A. WRIGHT, WALLACE and POOLE, Circuit Judges,

join dissenting:

I respectfully dissent.

Today the majority has extended the exclusionary rule to the suppression of oral statements in civil deportation proceedings. None of the cases relied upon by the majority support this radical departure from existing law.

It is equally remarkable that the majority has chosen this drastic example of judicial law making at a time when the United States Supreme Court has raised questions as to whether:

the rule requiring the exclusion at a criminal trial of evidence obtained…