United States v. Jose Luis Arellano-Ochoa, United States of America v. Jose Luis Arellano-Ochoa

We publish to clarify Fourth Amendment law regarding the police opening a screen door without a search warrant. We also speak to dismissal without prejudice for a speedy trial violation.

FACTS

Wyoming police caught an illegal alien headed to Arizona with $15,000 cash in the car. The car was registered to Daniel Priego of 640 Birch Lane, Billings, Montana. The driver, an illegal alien, claimed that he had been hired to drive the car to Arizona, deliver it to a woman who was going to “do something” with it, and then drive it to Montana and deliver it to the address on the car registration. He also said that there was an illegal alien at the Montana address. The police called U.S. Border Patrol in Montana to tell them that there was probably an illegal alien at the address at which the car was registered.

The Border Patrol agent went to the address for what he called a “knock and talk.” Because he did not want to be without backup and he thought drugs might be involved, he got a couple of Montana state narcotics investigators to go with him. All three investigators were in plainclothes and used unmarked cars. A young woman was sitting on the steps of the trailer smoking a…