Fifth Circuit: Duration of Immigration Stop, Not the Questions Asked by Agents, Determines Its Constitutionality

On May 26, 2017, Miguel Angel Vega-Torres was a passenger on a commercial bus that stopped at a border patrol checkpoint in Falfurrias, Texas. Border Patrol Agent David Gonzalez conducted an inspection of the bus at the checkpoint. During that inspection, Agent Gonzalez asked Vega-Torres for his citizenship documentation. Vega-Torres handed Agent Gonzalez his Legal Permanent Resident (“LPR”) card. Agent Gonzalez had a difficult time matching Vega-Torres’s face with the LPR card photo because Vega-Torres was occupied on his cell phone and made brief eye contact with Agent Gonzalez.

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Supreme Court Holds that Warrantless Blood Tests of Unconscious Drivers Are ‘Almost Always’ Authorized under the Fourth Amendment

Earlier this year, FEDagent reported on oral argument heard before the Supreme Court in Mitchell v. Wisconsin, a case that asks whether a state statute permitting a warrantless blood draw of an unconscious driver is authorized under the Fourth Amendment. Recently, the Supreme Court issued its decision on that case, and held that when a driver is unconscious and cannot be given a breath test, the exigent circumstances doctrine permits a blood test without a warrant.

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Failure to Obtain Anticipatory Search Warrant Does Not Invalidate Search Under Exigent Circumstances, Ninth Circuit Finds

On August 4, 2015, the United States Postal Inspection Service in Honolulu executed a search warrant and found approximately six pounds of methamphetamine in a package from Las Vegas, addressed to Bryant Kazuyoshi Iwai’s condominium. The next day DEA agents obtained a second warrant to track a controlled delivery of the package to Iwai’s building, with a GPS tracking device that would activate a rapid beeping signal when the package was opened.

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