United States v. De La Cruz

EBEL, Circuit Judge.

In this direct criminal appeal, Defendant-Appellant Enrique De La Cruz challenges the district court’s decision to deny his motion to suppress evidence the United States obtained during an investigative seizure. Having jurisdiction under 28 U.S.C. § 1291, we REVERSE the denial of De La Cruz’s suppression motion.

I. BACKGROUND

The evidence presented at the suppression hearing, viewed in the light most favorable to the Government, see United States v. Hunter, 663 F.3d 1136, 1141 (10th Cir.2011), established the following: On Sunday morning, February 13, 2011, three Immigration…