United States v. De La Cruz
2013 U.S. App. LEXIS 561
| 10th Cir. | 2013Background
- ICE agents in Tulsa, Oklahoma, sought Juan Guel-Rivera, alleged unauthorized entrant, at Gill's Truck Wash.
- A car with De La Cruz, Armando, and others arrived; agent glimpse suggested possibly Guel-Rivera.
- Agents blocked exit, detained De La Cruz while Armando fled; Armando later proved to be illegally present.
- Agent Stanko compared De La Cruz to Guel-Rivera and later determined De La Cruz was not the target; De La Cruz remained detained.
- De La Cruz produced a fake Oklahoma ID; agents learned he was unlawfully present after previous deportation and arrested him.
- District court denied suppression; De La Cruz entered a conditional guilty plea reserving suppression appeal; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was De La Cruz's extended detention supported by reasonable suspicion after learning he was not Guel-Rivera? | De La Cruz argues the initial suspicion dissipated; detention cannot persist without new reasonable suspicion. | State argues Armando's flight and surrounding circumstances created new reasonable suspicion to detain. | Detention not justified; suppression reversed. |
| Did Armando's flight supply new reasonable suspicion to detain De La Cruz for identification? | Flight of a passenger may contribute to suspicion that others are involved; totality supports continued detention. | No sufficient predicate showing De La Cruz's involvement after not being Guel-Rivera and before ID. | No; no adequate reasonable suspicion established to continue detention. |
| Should De La Cruz's identification be suppressible as fruit of an unlawful seizure? | Lopez-Mendoza limits on suppressing identity evidence do not bar suppression of the ID and derived information. | Lopez-Mendoza's identity rule bars suppression only of jurisdictional challenges, not ordinary identity evidence. | Identification and resulting information are suppressible; remand for suppression consistent with rule. |
Key Cases Cited
- Florida v. Royer, 460 U.S. 491 (1983) (reasonable suspicion governs duration of investigative detentions)
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (objective standard; subjective beliefs irrelevant)
- Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004) (identification requests are permissible during stops)
- Muehler v. Mena, 544 U.S. 93 (2005) (questions during lawful detention are permissible if not a separate seizure)
- United States v. Chavez, 660 F.3d 1215 (2011) (totality of circumstances governs reasonable suspicion)
- Olivares-Rangel, 458 F.3d 1104 (2006) (Lopez-Mendoza identity rule not broadly dispositive of suppressibility)
- United States v. Millan-Diaz, 975 F.2d 720 (1992) (reasonable suspicion standards in vehicle stops)
- United States v. Barajas-Chavez, 162 F.3d 1289 (1999) (limits on transportation of illegal aliens as basis for suspicion)
- United States v. White, 584 F.3d 935 (2010) (detention duration and scope of investigative stops)
- Muehler v. Mena, 544 U.S. 93 (2005) (questioning detainees during a lawful detention)