United States v. Rafaela Monclavo-Cruz

Rafaela Monclavo-Cruz appeals her conviction for use of a false alien registration receipt in violation of 18 U.S.C. § 1426 (b). We conclude that the evidence used to convict her was derived from an illegal war-rantless search of her purse. Therefore we reverse.

FACTS AND PROCEEDINGS BELOW

In May and early July 1980, two informers told Immigration Investigator Cluff that Monclavo-Cruz was selling counterfeit immigration documents. Cluff watched Monclavo-Cruz’ home early one morning and followed her and her male companion, Napoleon Mejia, as they drove off in a car. Cluff stopped the car and asked Mejia for his license in English and in Spanish. When Mejia admitted to being in this country illegally, Cluff arrested him and placed him in his car. Cluff then approached Mon-clavo-Cruz on the passenger’s side of the car and asked her in Spanish where she was from. She admitted to being in this country illegally and said that she had no license, identification, or papers. Cluff arrested her and seized her purse from the car. The purse was either in her hand, on her lap, or on the seat of the car at the time of arrest. Cluff took her and the purse to his vehicle and drove to the…