Court Says Immigrant ID
Findings Legit

Last Edited: Tuesday, 03 Feb 2009, 8:16 PM EST
Created On: Tuesday, 03 Feb 2009, 7:33 PM EST

By The Associated Press
ATLANTA - A federal appeals court says immigration agents were within the law when they checked the identity of a tattooed man in the parking lot of an Atlanta apartment complex.

Jose Farias-Gonzalez claimed evidence of his true identity was obtained after an unconstitutional search by two Immigration and Customs Enforcement agents patrolling for possible gang activity in 2006. The pair became suspicious because Farias-Gonzalez' tattoos and haircut were similar to those of Hispanic gang members.

He claimed the agents violated protections against illegal search and seizure by lifting his shirt to see more tattoos as they began determining he was in the U.S. from Guanajuato, Mexico illegally under a false name.

A three-judge panel ruled Tuesday that the evidence was obtained legally.

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