United States v. Misael Lopez-Tubac, 943 F.3d 1156

ICE Deportation Officer Bryce Callison received information that a January 2017 arrestee suspected of driving under the influence had been removed from the U.S. in 2011 and might have reentered illegally; that arrestee had listed 537 Montero Drive as his address and the arrest vehicle was registered to that address.
Over ~16 months Callison surveilled the Montero Drive residence several times and in March 2018 observed the vehicle associated with the 2017 arrest at the residence.
On May 8, 2018 Callison observed Misael Saqueo Lopez-Tubac emerge from between 537 and 541 Montero Drive, pass within ~30 feet and be observable for 10–15 seconds; Callison believed Lopez-Tubac matched the earlier photograph of the suspect.
Callison followed and made an investigative traffic stop; Lopez-Tubac identified himself as a Guatemalan national without permission to be in the U.S.; fingerprints showed he was not the 2017 arrestee.
An inventory search of Lopez-Tubac’s belongings and follow-up with his employer produced allegedly falsified documents; Lopez-Tubac pleaded guilty conditionally to unlawful use of identification documents and appealed the denial of his suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the investigative stop violated the Fourth Amendment where officers mistakenly stopped Lopez-Tubac as their suspected reentrant	Callison lacked reasonable suspicion to stop the actual suspect; alternatively, it was unreasonable to mistake Lopez-Tubac for the suspect because Callison had not observed the suspect at the residence and they did not resemble each other	Callison had reasonable suspicion the suspect illegally reentered (prior removal, arrest, vehicle tied to Montero Drive, manager confirmation, prior sighting of vehicle) and his mistaken identification of Lopez-Tubac was objectively reasonable given surveillance, proximity to the residence, and similar physical features	Court affirmed: stop was supported by reasonable suspicion; the mistake was objectively reasonable; evidence was not fruit of a constitutional violation

Wong Sun v. United States, 371 U.S. 471 (establishes the "fruit of the poisonous tree" doctrine and exclusionary principles)
United States v. Tamayo-Baez, 820 F.3d 308 (describes standard of review and reasonable-suspicion principle for investigative stops)
United States v. Phillips, 679 F.3d 995 (reasonableness of a stop based on a reasonable mistake of identity)
United States v. Thomas, 524 F.3d 855 (upholding a stop where mistaken identification tracked a photo and race alone did not make the stop unreasonable)
United States v. Lemon, 590 F.3d 612 (discusses staleness in the context of corroborating information)
United States v. Lawes, 292 F.3d 123 (recognizes that observable weight differences do not necessarily render a mistaken ID unreasonable)