Illegal Alien Search Case Overview
In United States v. Mora, 989 F.3d 794 (10th Cir. 2021), the defendant was convicted in the District of New Mexico after pleading guilty to “alien smuggling” and possession of a firearm by a felon. These convictions followed the trial court’s denial of his motion to suppress evidence.
Background of the Case
The government argued that exigent circumstances allowed officers to search the defendant’s home without a warrant. They claimed they were concerned that noncitizens inside might need assistance. Later, officers obtained a search warrant and seized firearms.
Key Holdings
The Tenth Circuit Court of Appeals, Judge Carson presiding, held that:
- Exigent circumstances did not justify the warrantless home search for suspected “illegal aliens.”
- The search warrant affidavit failed to show a clear connection between alleged alien smuggling and the defendant’s residence, meaning no probable cause existed.
- The firearms discovered during the execution of the invalid warrant were excluded under the exclusionary rule.
The judgment was reversed and remanded.
Read the full opinion here: United States v. Mora, 989 F.3d 794 (10th Cir. 2021)
Frequently Asked Questions About Illegal Alien Searches
Q: Can police search my home for “illegal aliens” without a warrant?
A: No. The Fourth Amendment generally prohibits warrantless home searches unless there are clear exigent circumstances or consent.
Q: What happens if evidence is found during an unlawful search?
A: Evidence discovered in violation of the Fourth Amendment is usually suppressed under the exclusionary rule and cannot be used against you in court.
Q: What should I do if I believe my rights were violated during a home search?
A: Contact an experienced criminal defense attorney immediately to challenge the legality of the search and seek suppression of any unlawfully obtained evidence.
Anton Vialtsin, Esq.
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