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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.