United States Eighth Circuit

Denial of a motion to suppress evidence in a prosecution for illegal reentry after deportation is affirmed where: 1) an encounter between defendant and an ICE agent after defendant was released from jail was consensual, and therefore did not implicate the Fourth or Fifth Amendment; and 2) for the same reason, the statements and fingerprints were "untainted evidence" of identity, which the government could use.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• BENTON, Circuit Judge., Before MELLOY, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy J. Langley, Asst. Fed. Public Defender, argued, Sioux Falls, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, Asst. U.S. Atty., argued, Sioux Falls, SD (Marty J. Jackley, U.S. Atty., Jeffrey C. Clapper, Asst. U.S. Atty., on the brief), for appellee.