United States Tenth Circuit

The Supreme Court's language in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that the "identity" or "body" of a suspect may never be suppressed applies only to jurisdictional challenges over the body of the defendant based upon an illegal arrest or search and does not preclude application of ordinary Fourth Amendment exclusionary rule analysis to determine the admissibility of evidence.

Appellate Information

• Decided 08/14/2006
• Published 08/14/2006

Judges

• EBEL, Circuit Judge., Before LUCERO, BALDOCK, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark A. Saltman, Special Assistant United States Attorney, Las Cruces, NM, (David C. Iglesias, United States Attorney, District of New Mexico, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Barbara A. Mandel, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellee.