Latest Case: United States v. Reyes-Moreno (Constitutional Law)

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United States v. Reyes-Moreno

Dockets: 19-2058, 19-2059

Opinion Date: July 14, 2020

Judge: Timothy M. Tymkovich

Areas of Law: Constitutional Law, Criminal Law

After a routine traffic stop in New Mexico led to Raquel Cortez and Josefina Reyes-Moreno’s indictment for conspiring to transport undocumented aliens, both defendants jointly moved to suppress evidence based on Fourth and Fifth Amendment violations they alleged occurred during the stop. The district court found no constitutional violations and denied the motion. After review of the district court record, the Tenth Circuit concurred no constitutional violations occurred during the stop. "No Fourth Amendment violation occurred because none of the law enforcement officers’ initial questions impermissibly delayed the stop and, during the stop, the officers developed reasonable suspicion the defendants were transporting undocumented aliens, justifying a further detention until Border Patrol arrived. No Fifth Amendment violation occurred because neither Cortez nor Reyes-Moreno faced custodial interrogation during the stop, rendering the absence of Miranda warnings harmless."