Legal Opinion
United States v. Oscar Flores-Sandoval, Also Known as Armando Polanco-Diaz, Also Known as Daniel Sanchez-Rodriguez
Court of Appeals for the Eighth Circuit
Decided September 6, 2005No. 04-3867PublishedCited by 14 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
We must decide whether the United States Immigration and Customs Enforcement (ICE) 1 may take custody of a person and fingerprint him without any admissible reason to believe the person is an illegal alien. We conclude that such a custodial detention without justification offends the Fourth Amendment, and therefore, the fingerprints and statements obtained as a result of the detention must be suppressed. We affirm the District Court. 2
I
Appellant Oscar Flores-Sandoval was taken into custody on July 13, 2003, by local law-enforcement officers in Elk Point, South Dakota.…
2Cases cited6 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Florida v. BostickSupreme Court of the United States · 1991
- Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
- United States v. Martin Guevara-Martinez, Also Known as Jose Dias-IbarraCourt of Appeals for the Eighth Circuit · 2001
- United States v. Ervey Hernandez-HernandezCourt of Appeals for the Eighth Circuit · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Olivares-RangelCourt of Appeals for the Tenth Circuit · 2006
- United States v. Oscar Flores-Sandoval, Also Known as Armando Polanco-Diaz, Also Known As, Daniel Sanchez-RodriguezCourt of Appeals for the Eighth Circuit · 2007
- United States v. QuintanaCourt of Appeals for the Eighth Circuit · 2010
- Garcia-Torres v. HolderCourt of Appeals for the Eighth Circuit · 2011
- Calloway v. StateDistrict Court of Appeal of Florida · 2013
9 more not listed; retrieve them via the Exa API.