context: Courts have consistently held that the "reason to believe" phrase in SS 1357 "must be read in light of constitutional standards, so that 'reason to believe' must be considered the equivalent of probable cause."
citation_a.signal: see also
citation_a.identifier: 623 F.3d 1237, 1239
citation_a.parenthetical: "Because the Fourth Amendment' applies to arrests of illegal aliens, the term 'reason to believe' in SS 1357(a
citation_a.sentence: Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”).
citation_b.signal: see
citation_b.identifier: 626 F.2d 721, 725
citation_b.parenthetical: "The phrase 'has reason to believe' [in SS 1357] has been equated with the constitutional requirement of probable cause."
citation_b.sentence: Au Yi Lau, 445 F.2d at 222; see, e.g., Tejeda-Mata v. Immigration & Naturalization Serv., 626 F.2d 721, 725 (9th Cir. 1980) (“The phrase ‘has reason to believe’ [in § 1357] has been equated with the constitutional requirement of probable cause.”); United States v. Cantu, 519 F.2d 494, 496 (7th Cir.1975) (“The words [in § 1357] of the statute ‘reason to believe’ are properly taken to signify probable cause.”); see also United States v. Quintana, 623 F.3d 1237, 1239 (8th Cir.2010) (“Because the Fourth Amendment' applies to arrests of illegal aliens, the term ‘reason to believe’ in § 1357(a)(2) means constitutionally required probable cause.”).