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senior detention deportation officer in charge of the deemed the officers credible and Malagerio not
case found probable cause that Malagerio was credible. It also determined that Malagerio had not
present unlawfully and issued an administrative been arrested in his home because knocking on his
warrant for his arrest. A team of at least six agents door and instructing him to exit did not constitute
was dispatched to arrest Malagerio around 7:00 am. a seizure. Even if his Fourth Amendment rights
The agents were concerned that Malagerio, who were violated, the court reasoned that the good-
works in the exotic animals industry, might have faith exception would mean that exclusion of
access to firearms or dangerous animals. Malagerio evidence was not necessary. In reaching those
was living in a trailer park; the owner of the trailer conclusions, the court relied on Abel v. United
park allowed the agents to enter the property to talk States, 362 U.S. 217 (1960), in which the Court
to Malagerio. One of the officers had his bodycam had affirmed the admissibility of evidence gathered
turned on at this point and for about three minutes per a home arrest without a judicial warrant. The
thereafter, though there is no audio until about court also found that Malagerio gave effective
halfway through that period. An agent, having consent to the search of his trailer. Malagerio stood
already unholstered his gun, then knocked on trial, maintaining that, while he had been present
Malagerio’s door and told him to come out with his in the United States illegally and had possessed
hands up. Malagerio responded that he would be firearms, he had not known he was present
out shortly and came to the door about sixty to illegally. That defense proved unavailing, and the
ninety seconds later. In the meantime, the agent on jury found Malagerio guilty. On appeal, Malagerio
point had knocked repeatedly and “ordered” challenges the denial of his motion to suppress, but
Malagerio to come out. By the time Malagerio he does not otherwise object to his trial or sentence.
came to the door, most or all of the agents had
trained their guns on him, including one shotgun. Malagerio’s primary theory on appeal is that he
The agents instructed Malagerio several times to was arrested unlawfully, meaning that any
keep his hands up and exit the trailer. Malagerio evidence gathered from the subsequent search must
complied and was promptly handcuffed. The video be suppressed. His position depends on several
ends around that point. According to the agents, premises. To prevail, his arrest must have been
Malagerio verbally consented to the search of his illegal, that illegality must be of the type that
trailer. Malagerio also signed a written consent, triggers the exclusionary rule, and the arrest must
though it is not clear when he did so. For his part, have poisoned the search. Instead of working
Malagerio remembers telling the agents they would through each of those premises, we focus on the
need to get a search warrant. Either way, the search district court’s factual findings, which are not
transpired, and the officers discovered three clearly erroneous and, instead, are supported by the
firearms. As an illegal alien, Malagerio could not record. Specifically, the district court found that
lawfully possess the firearms. The government Malagerio was not arrested in his home or its
therefore indicted him for violating 18 U.S.C. § curtilage, so there was no Fourth Amendment
922(g)(5) and § 924(a)(2). Malagerio moved to violation.
suppress all the evidence resulting from the
encounter. As relevant on appeal, Malagerio Malagerio was arrested under an administrative
maintained that his arrest and the search of his warrant based on the suspicion that he was
trailer violated the Fourth Amendment. The district unlawfully present in the United States.
court held a lengthy suppression hearing in which Administrative warrants do not comply with the
Malagerio and three officers gave their versions of requirements that the Fourth Amendment places on
the events. The district court denied Malagerio’s judicial warrants. In the immigration context,
motion and made oral and written factfindings. administrative warrants can be issued without
After reviewing the testimony and video, the court probable cause that a crime has been committed1

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