United States v. Jeffrey Freeman

There is no Fourth Amendment violation. Nevertheless, the majority-guided by the erroneous decision of the district court-misapplies Supreme Court and Fifth Circuit precedent in determining that the exclusionary rule applies. The majority's well-intended blunder means that a clear violation of the immigration laws-transportation of an illegal alien-may go unpunished.1 I respectfully dissent and would reverse the order granting the motion to suppress.

*348The district court incorrectly weighed the Brignoni-Ponce factors2 by adopting the analysis provided by Freeman in his objection to the…