The following excerpt is from Lopez-Mendoza v. INS, 705 F.2d 1059 (9th Cir. 1983):
The majority has ignored a fundamental distinction between a criminal prosecution and a civil deportation proceeding. When a district court conducting a criminal trial excludes evidence obtained unconstitutionally, it does not thereby immunize the accused from prosecution for future criminal activity. An accused can only be prosecuted for specific past criminal activity. No one can be prosecuted solely because he is a person who has chosen to sustain himself by criminal behavior. Criminal sanctions cannot be imposed merely on the basis of the status of the individual. Robinson v. California, 370 U.S. 660, 665-68, 82 S.Ct. 1417, 1419-21, 8 L.Ed.2d 758 (1962).
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