United States v. McKenzie
2011 U.S. Dist. LEXIS 43975
| D.N.M. | 2011Background
- McKenzie moved to compel NCIC/Triple I records for July 2–7, 2008, arguing relevance to Franks issues and impeachment.
- DEA Agent Hyland testified he did not perform an NCIC background check before arrest on July 7, 2008; the arrest followed a train intercept based on a PNR.
- The court previously denied McKenzie’s suppression motion; it held the initial encounter was consensual, not a Fourth Amendment violation.
- McKenzie sought production to impeach Hyland’s testimony; the United States denied any NCIC check occurred and urged denial as a fishing expedition.
- The court denied McKenzie’s motion to compel production of NCIC records, finding the request irrelevant to the suppression issue and unsupported by the record.
- Franks-related relief was denied, mooting the proposed use of NCIC data for that hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court should compel NCIC/Triple I records | McKenzie seeks NCIC/Triple I data to illuminate possible prior checks. | No NCIC check occurred; production would be a fishing expedition. | Denied |
| Relevance of NCIC/Triple I to Franks hearing impeachment | NCIC data could impeach Hyland’s testimony and aid Franks issues. | Franks hearing denied; data not material to suppression ruling. | Denied |
| Whether evidence of any NCIC search is material to suppression ruling | Material to challenge initial consensual encounter and search. | Initial encounter was consensual; NCIC search irrelevant to suppression. | Denied |
Key Cases Cited
- Oliver v. Woods, 209 F.3d 1179 (10th Cir. 2000) (consensual encounter is a non-event for Fourth Amendment purposes)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (impeachment use of false testimony)
- United States v. Denny, 441 F.3d 1220 (10th Cir. 2006) (agents also ran a criminal history check in a related case)