In the Matter of Sandoval

91 Cited authorities

  1. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,808 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
  2. Franks v. Delaware

    438 U.S. 154 (1978)   Cited 11,216 times   33 Legal Analyses
    Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing
  3. Stone v. Powell

    428 U.S. 465 (1976)   Cited 6,009 times   13 Legal Analyses
    Holding that as long as the state provided the petitioner an "opportunity for full and fair litigation of a Fourth Amendment claim," a federal court may not grant habeas relief on such a claim
  4. Wong Sun v. United States

    371 U.S. 471 (1963)   Cited 12,237 times   24 Legal Analyses
    Holding evidence stemming from Fourth Amendment violations must be excluded from trial as fruit of the poisonous tree
  5. Brown v. Illinois

    422 U.S. 590 (1975)   Cited 3,982 times   26 Legal Analyses
    Holding statement was fruit of Fourth Amendment violation where police "illegality . . . had a quality of purposefulness" as "[t]he impropriety of the arrest was obvious" and detectives acknowledged "that the purpose of their action was 'for investigation' or for 'questioning'"
  6. United States v. Brignoni-Ponce

    422 U.S. 873 (1975)   Cited 3,294 times   14 Legal Analyses
    Holding that it violated the Fourth Amendment to stop and "question [a vehicle's] occupants [about their immigration status] when the only ground for suspicion [was] that the occupants appear[ed] to be of Mexican ancestry"
  7. United States v. Calandra

    414 U.S. 338 (1974)   Cited 3,159 times   12 Legal Analyses
    Holding that the exclusionary rule provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure"
  8. United States v. Martinez-Fuerte

    428 U.S. 543 (1976)   Cited 1,658 times   7 Legal Analyses
    Holding that border officers have "wide discretion" to stop, question, and refer individuals to secondary investigation at border checkpoints
  9. United States v. Janis

    428 U.S. 433 (1976)   Cited 1,123 times   6 Legal Analyses
    Holding the exclusionary rule inapplicable to civil tax proceedings
  10. Almeida-Sanchez v. United States

    413 U.S. 266 (1973)   Cited 926 times   3 Legal Analyses
    Holding that a search of a vehicle could be conducted without consent only if there was probable cause or a judicial warrant authorizing the search
  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,514 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  12. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  13. Section 1325 - Improper entry by alien

    8 U.S.C. § 1325   Cited 1,319 times   12 Legal Analyses
    Penalizing improper entry into U.S. by virtue of willful false statement of material fact
  14. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,273 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
  15. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility
  16. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 658 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.
  17. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 315 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established
  18. Section 2234 - Authority exceeded in executing warrant

    18 U.S.C. § 2234   Cited 21 times

    Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year, or both. 18 U.S.C. § 2234 June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104-294, title VI, §601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273, div. B, title III, §3002(a)(3), Nov. 2, 2002, 116 Stat. 1805. HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §631 (June 15, 1917, ch. 30, title XI

  19. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 148 times   1 Legal Analyses
    Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding
  20. Section 100.2 - Reserved

    8 C.F.R. § 100.2   Cited 43 times
    Setting forth the organization and functions of the various divisions of the Immigration and Naturalization Service