United States v. Tamayo-Baez, No. 15-2063 (8th Cir. 2016)
Annotate this CaseDefendant conditionally pled guilty to illegal reentry by a removed alien and then appealed the denial of his motion to suppress and motion to dismiss the indictment. The court concluded that law enforcement had reasonable suspicion to perform a traffic stop where immigration officers had information to believe defendant had illegally reentered the United States and was residing in Hampton, Iowa. Based on the totality of the circumstances, the agent had reasonable suspicion that defendant was committing a crime and therefore the traffic stop was lawful. The court rejected defendant's claim that his final order of removal in 2004 was not adequately explained to him and concluded that defendant's rights were adequately explained to him in Spanish and English, and that his decision to stipulate was voluntarily, knowingly, and intelligently made. Accordingly, the court affirmed the judgment.
Court Description: Bye, Author, with Wollman and Loken, Circuit Judges] Criminal case - Criminal law. The district court did not err in finding law enforcement officers had reasonable suspicion to conduct a traffic stop based on their knowledge that defendant had been removed from the U.S. in 2004 and their belief that he was the man who was driving the vehicle; collateral attack on the 2004 removal order rejected as defendant was adequately advised of his rights in Spanish, his waiver of his right of appeal was valid and he failed to exhaust his administrative remedies as required under 8 U.S.C. Sec. 1326(d).
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