Yuma Agents Apprehend Sex Offender

YUMA, Ariz. – Yuma Sector Border Patrol agents arrested a registered sex offender Jan. 13 after he entered the U.S. illegally.

The man was one of three Mexican nationals apprehended by Yuma Station agents at approximately 2:30 p.m. after they illegally crossed the border through the desert southeast of Yuma.  

Border Patrol truck in Yuma, AZ Record checks conducted on the three Mexican nationals revealed one of them had been arrested and prosecuted in California for having sex with a minor. He was previously removed from the U.S. following the completion of his sentence for that crime.

The man will face prosecution charges for entering the U.S. after having previously been removed, and will eventually be returned to Mexico.

Border Patrol Agents in San Diego Area Arrest Sex Offender

OTAY MESA, Calif. — San Diego Sector (SDC) Border Patrol agents on Jan. 12 arrested a sex offender who had been previously removed from the country.

At approximately 8:15 a.m., agents patrolling the border near the Otay Mesa Port of Entry encountered a man illegally present in the U.S.  Agents arrested the man for entry without inspection.  Record checks revealed that the 38-year-old Mexican national had been convicted for rape of a child in 2003 and was sentenced to 12 months and one day in prison, followed by 38 months of supervised release.

Otay Mesa, Calif., border crossing near San Diego

In July 2005, the man was subsequently arrested by Border Patrol agents in New Mexico and prosecuted for criminal re-entry after removal.  After serving more than three years in prison for this offense, he was removed to Mexico in November 2008.  The man presently is being held in Federal custody pending criminal prosecution for felony illegal re-entry after removal.

“The vigilance of the men and women of the U.S Border Patrol prevented this dangerous individual from re-entering our communities and I am proud of their hard work.” said Chief Patrol Agent Aaron Heitke.

Since the beginning of fiscal year 2021, SDC’s Border Patrol agents have arrested 15 sex offenders.  During fiscal year 2020, 25 sex offenders were arrested in the San Diego Sector.

Supreme Court to take up Fourth Amendment warrant case involving garage door and DUI

The Supreme Court announced Monday that it will weigh in on exceptions to the Fourth Amendment’s warrant requirement. The Fourth Amendment generally requires police officers to get a warrant before entering a home.

The Supreme Court has recognized an exception to that rule for emergencies, such as when the police are in hot pursuit of a suspect. In Lange v. California, the justices agreed to decide whether that exception applies when police are pursuing a suspect whom they believe committed a misdemeanor.

California Highway Patrol logo

The case revolves around Arthur Lange of Sonoma, Calif., who was driving home on the highway in Sonoma. California highway patrol (CHP) officer Aaron Weikert pursued Lange with the intention of conducting a traffic stop. Weikert followed Lange home and activated his overhead lights, but not his siren, when he pulled into his home’s driveway.

Lange pulled into his garage and, as the garage door began closing behind him, Weikert stopped the garage from closing with his foot and approached Lange.

The CHP officer questioned Lange and asked him if he knew Weikert was following him. Lange said no. Weikert stated he smelled alcohol on Lange’s breath and charged Lange with driving under the influence. At trial, Lange claimed that Weikert’s entry into Lange’s home violated the Fourth Amendment since the CHP officer did not have a warrant to enter Lange’s home, and moved to throw out a video recording of the incident.

The trial court rejected that argument, and a state appeals court affirmed that ruling and, eventually, his conviction.

The California Court of Appeal also upheld his conviction, rebuffing Lange’s contention that the exception to the warrant requirement for a “hot pursuit” of a suspect should apply only in genuine emergencies, rather than when the police are investigating minor offenses. Instead, the court of appeal concluded, the warrantless entry did not violate the Constitution because the officer was in hot pursuit of Lange, whom he had probable cause to arrest for a misdemeanor.

Lange appealed to the Supreme Court, asking the justices to review the state court’s decision. The lower courts are “sharply divided” on the question of whether pursuits for misdemeanors justify a warrantless entry, Lange told the justices. And the California court’s rule, he added, would allow “officers investigating trivial offenses to invade the privacy of all occupants of a home even when no emergency prevents them from seeking a warrant.”

The case will likely be scheduled for argument in February 2021 or later, according to Amy Howe, writing in Scotusblog.

Fourth Amendment to the U.S. Constitution

Bill of Rights

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.