United States v. Paciano Lizarraga-Tirado

Plotting coordinates on a map used to require a sextant, a compass and quite a bit of- skill. Today, anyone can do it with a few clicks of the mouse. This appeal raises a question born of that newfound technological prowess: Are a Google Earth satellite image and a digital “tack” labeled with GPS coordinates hearsay?

I

On January 17, 2003, defendant was arrested near the United States-Mexico border. He was charged with illegal reentry under 8 U.S.C. § 1326 as a previously removed alien who “entered and was found in the United States.” At trial, defendant disputed that he had entered the United States before his arrest. He testified that he was still on the Mexico side of the border, waiting for instructions from a smuggler when he was arrested. Because he was arrested on a dark night in a remote location, he insisted that the arresting Border Patrol agents must have accidentally crossed the border before arresting him.

The arresting agents, Garcia and Nunez, testified that they were very familiar with the area where they arrested defendant and were certain they arrested him north of the border. Agent Garcia also testified that she contemporaneously recorded the…