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United States v. Quintana

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Submitted: May 13, 2010

Before RILEY, Chief Judge, LOKEN and MURPHY, Circuit Judges.

Fidel Diaz-Quintana conditionally pleaded guilty to re-entry by a deported alien following an aggravated felony conviction. See 8 U.S.C. § 1326(a) & (b)(2). DiazQuintana appeals the district court’s denial of his motion to suppress, arguing that his lengthy detention following a traffic stop violated the Fourth Amendment because immigration officials may only “briefly detain [an alien] for questioning” when they have reasonable suspicion that he is illegally in the United States. 8 C.F.R. § 287.8(b)(2). The government responds that an immigration officer validly placed Diaz-Quintana under administrative arrest, without a warrant, when brief questioning provided reason to believe that Diaz-Quintana was a deportable alien. Immigration officers then validly obtained probable cause to charge him with a criminal violation of the immigration laws during the ensuing administrative detention. Applying statutes and regulations authorizing questioning and detention of suspected illegal aliens, and reviewing Fourth Amendment suppression issues de novo, we agree with the government and therefore affirm. See United States v. Salazar, 454 F.3d 843, 846 (8th Cir. 2006) (standard of review).

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