Here is today’s opinion in United States v. Wilson:
An excerpt:
The United States of America appeals from an order of the United States District Court for the Northern District of New York (David N. Hurd, Judge), suppressing evidence found following the stop and subsequent search of a vehicle driven by defendant Eric C. Wilson. See United States v. Wilson, 754 F. Supp. 2d 450 (N.D.N.Y. 2010). The vehicle stop was executed by two tribal police officers, one of whom was cross-designated as a U.S. customs officer. The district court concluded that the vehicle stop violated the Fourth Amendment because the officers acted without valid law enforcement authority, having stopped the vehicle in breach of jurisdictional boundaries set by state law and without having obtained prior authorization to exercise customs authority as required by federal policy governing designated customs officers. On appeal, the government does not dispute that the officers stopped Wilson in violation of state law and federal policy but argues that neither breach violates the Fourth Amendment. We hold that the violation of the federal policy governing designated customs officers did not violate the Fourth Amendment, and that the stop and subsequent search comported with the Fourth Amendment because they were justified by probable cause. We do not reach the question whether the stop was also a constitutional exercise of the officers’ New York police authority. Reversed and remanded.
Briefs here.
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