Wednesday, January 18th, 2017

CA5 on Suppression: USA v. Hernandez-Mandujano

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"Jose Hernandez-Mandujano (“Hernandez”) was indicted for and pled guilty to unlawful re-entry after two U.S. Border Patrol Agents stopped him as he was driving eastbound at Mile Marker 15 on Interstate 10 near Lake Charles, Louisiana.  Hernandez argued before the district court that all evidence deriving from this stop should be suppressed because the agents lacked reasonable suspicion at the time of the stop.  The district court disagreed and denied Hernandez’s motion to suppress.  Although we conclude that the agents lacked reasonable suspicion, and clearly violated the Fourth Amendment in stopping Hernandez, we AFFIRM the judgment of the district court because “neither [Herandez’s] identity nor his INS file are [sic] suppressible.” United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999)." -