Decision date: 2021-05-07

Upholding the denial of a motion to suppress based on a violation of 8 U.S.C. § 1357(a) in a prosecution for illegal reentry because the statute does not authorize suppression and providing for suppression based on the judiciary's inherent supervisory authority would be improper. Judge Floyd dissented, concluding that while the statute does not provide for suppression, under its supervisory authority, the district court should have considered suppressing in the face of widespread violations of the statute.

Publication Status: Published

Case judge: Agee, Floyd, Wilkinson

Decision: United States v. Santos-Portillo, 997 F.3d 159 (4th Cir. 2021)