United States Ninth Circuit

In a petition for review of the BIA's denial of petitioners' motion to suppress, the petition is denied where: 1) the initial encounter between the deputy sheriff and petitioners did not violate petitioners' Fourth Amendment rights because it was consensual; and 2) even if a reasonable Oregon law enforcement officer should have known he lacked authority under his own state's law to apprehend aliens based solely on a violation of federal immigration law, that cannot serve as the basis for finding an egregious Fourth Amendment violation.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• Carlos T. Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James R. Patterson, Jeffrey S. Bucholtz