Failure to provide Miranda warnings before asking about immigration status does not require suppression if later evidence confirms illegal status
SEARCH & SEIZURE United States v. Lara-Garcia, No. 06-4155, ___ F.3d ___ (10th Cir. Mar. 6, 2007)(Utah). Appeal of district court’s denial of defendant’s motion to suppress evidence in prosecution for illegal reentry to U.S. in violation of 8 U.S.C. § 1326. HELD: Under inevitable discovery exception to exclusionary rule, federal agent’s failure to provide Miranda warning to lawfully detained suspect prior to inquiring about immigration status does not require suppression of status where fingerprint evidence later confirmed illegal status. Read the opinion here. |
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