United States Tenth Circuit

It is not a violation of the Fourth Amendment for an officer who performs a Terry stop on an individual suspected of committing a crime to obtain that individual's identity and perform a warrants check. Denial of defendant's motion to suppress identity evidence obtained during his detention by police in a prosecution for illegal reentry is affirmed where defendant's Fourth Amendment rights were neither violated when his identity was obtained during a valid Terry stop nor when his identity was shortly thereafter used to run a warrants check.

Appellate Information

• Decided 11/07/2006
• Published 11/08/2006

Judges

• KELLY, Circuit Judge., Before KELLY, BEAM, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Karin M. Fojtik, Assistant United States Attorney (and Stephen J. Sorenson, Acting United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee., Theordore R. Weckel, Salt Lake City, UT, for Defendant-Appellant.