01/09/2013 02:09:20 PM EST
CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]
"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border. Nothing about these circumstances suggested that the driver, by dropping Armando off, apparently at a job he already had, was in any way furthering his unlawful presence in the country. ... we REVERSE the district court’s decision denying De La Cruz’s suppression motion and REMAND this case to the district court for proceedings consistent with this decision." - USA v. De La Cruz, Jan. 9, 2013.