Fourth Amendment is not violated where defendant’s identity is obtained during valid Terry stop and is then used to run warrant check

SEARCH & SEIZURE United States v. Villagrana-Flores, No. 05-4313, ___ F.3d ___ (10th Cir. Nov. 7, 2006)(Utah). Appeal of conviction for illegal reentry to United States in violation of 8 U.S.C. § 1326(a). HELD: Investigative Terry stop for purpose of obtaining identity information and performing warrant check does not violate Fourth Amendment prohibition against unreasonable search and seizure where police officer has reasonable suspicion detained individual is engaged in criminal activity (i.e., violation of Utah criminal trespass statute). Read the opinion here.