United States Fourth Circuit
US v. Oscar-Torres, 06-5074
Conviction based on conditional guilty plea is reversed as detentions for the sole purpose of obtaining fingerprints in a criminal investigation are subject to the constraints of the Fourth Amendment, and the case is remanded for the district court to determine whether in taking defendant's fingerprints, police were motivated by an investigative purpose or an administrative purpose.
Appellate Information
- Decided 11/08/2007
- Published 11/08/2007
Judges
- Before MOTZ, Circuit Judge, HAMILTON, Senior Circuit Judge, and RAYMOND A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Eric Joseph Brignac, Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Eric David Goulian, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.