Motion to Suppress for undocumented in criminal court

According to the Immigration Professors Blog, in United States v. Atienzo, 2005 US Dist LEXIS 31652 (by district court judge Paul Cassell), a district court judge ruled that an undocumented immigrant (not previously deported for a felony) can be entitled to invoke the Fourth Amendment in a criminal case. The judge focused on the immigrant's ties to US society.

A more challenging topic is whether an immigrant can make a motion to suppress in immigration court, a topic discussed in another blog post.