Lopez-Rodriguez v. Mukasey
United States Court of Appeals for the Ninth Circuit
636 F.3d 1012 (2008)
Acting on a tip about fraudulent identification, INS agents went without a warrant to a residence and, after a young woman answered the door, pushed it open and entered without her expressly consenting or being told to leave, questioning and eventually arresting her and her aunt (plaintiffs) for immigration violations; the government conceded there was no warrant and made no claim of exigent circumstances, relying only on an argument that the occupants had consented by not objecting.
Whether, in the Ninth Circuit Court of Appeals, evidence obtained in violation of an alien's Fourth Amendment rights, and done so in a manner where a reasonable federal agent should have known that it violated the Constitution, will be suppressed.