DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183123P.pdf 12/06/2019 United States v. Misael Lopez-Tubac
U.S. Court of Appeals Case No: 18-3123
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges]
Criminal case - Criminal law. Defendant was arrested in a case of mistaken
identity and moved to suppress evidence seized after his seizure; first,
the officer had probable cause to believe that the actual suspect had
committed a crime - being illegally present in the U.S; the officer had
reasonable suspicion to believe the actual suspect lived at the residence
where defendant was arrested; nor was it unreasonable for the officer to
mistake defendant for the actual suspect; because the officer's mistake
was objectively reasonable, he had reasonable suspicion to stop defendant
and the evidence seized during the investigatory stop was not the fruit of
a constitutional violation.