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U.S. v. FARIAS-GONZALEZ

No. 08-10508.

556 F.3d 1181 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose FARIAS-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 3, 2009.

Attorney(s) appearing for the Case

Richard Brooks Holcomb and Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Defendant-Appellant.

Mary Christine Roemer, John Andrew Horn, U.S. Atty., Atlanta, GA, for U.S.

Before BLACK, PRYOR and COX, Circuit Judges.

COX, Circuit Judge:

The principal issue in this appeal is whether evidence of who the defendant is ("identity-related evidence"), obtained after an unconstitutional search and seizure, is suppressible in a criminal prosecution. We conclude that, under the cost-benefit balancing test used by the Supreme Court in Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006), identity-related evidence is not suppressible...

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