United States v. Rafaela Monclavo-Cruz

SKOPIL, Circuit Judge:

Rafaela Monclavo-Cruz appeals her conviction for use of a false alien registration receipt in violation of 18 U.S.C. § 1426(b). We conclude that the evidence used to convict her was derived from an illegal war-rantless search of her purse. Therefore we reverse.

FACTS AND PROCEEDINGS BELOW

In May and early July 1980, two informers told Immigration Investigator Cluff that Monclavo-Cruz was selling counterfeit immigration documents. Cluff watched Monclavo-Cruz’ home early one morning and followed her and her male companion, Napoleon Mejia, as they drove off in a car. Cluff…