In a prosecution for illegal reentry into the U.S. following removal, denial of defendant's motion to suppress is vacated and remanded where the court of appeals could not determine based on the record whether the evidence of defendant's identity needed to be suppressed in light of the police's Fourth Amendment violation in searching defendant's vehicle.
Filed December 7, 2009
Opinion by Judge Lucero
Stephen P. McCue, Federal Public Defender, Albuquerque, NM
Terri J. Abernathy, Gregory J. Fouratt, Office of the United States Attorney for the District of New Mexico, Las Cruces, NM