What is the test for establishing probable cause for arrest of an illegal immigrant?
MultiRegion, United States of America
The following excerpt is from Hernandez v. Skinner, 969 F.3d 930 (9th Cir. 2020):
In Gonzales v. City of Peoria , published in 1983, we held that an individual's "lack of documentation or other admission of illegal presence" does not, "without more, provide probable cause of the criminal violation of illegal entry." 722 F.2d at 47677. Arresting officials must "be able to distinguish between criminal and civil violations and the evidence pertinent to each." Id. at 477. We re-emphasized this in
[969 F.3d 944]
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