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U.S. v. FLORES-SANDOVAL

No. 04-3867.

422 F.3d 711 (2005)

UNITED STATES of America, Appellant, v. Oscar FLORES-SANDOVAL, also known as Armando Polanco-Diaz, also known as Daniel Sanchez-Rodriguez, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2005.

Attorney(s) appearing for the Case

Mark E. Salter, Asst. U.S. Atty., argued, Sioux Falls, SD, for appellant.

Timothy J. Langley, Federal Public Defender, argued, Sioux Falls, SD, for appellee.

Before RILEY, BOWMAN, and BENTON, Circuit Judges.

BOWMAN, Circuit Judge.

We must decide whether the United States Immigration and Customs Enforcement (ICE)1 may take custody of a person and fingerprint him without any admissible reason to believe the person is an illegal alien. We conclude that such a custodial detention without justification offends the Fourth Amendment, and therefore, the fingerprints and statements obtained as a result of the detention must be suppressed. We affirm...

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