U.S. v. Garcia-Garcia

In prosecution on charge of illegal re-entry into U.S. after having been deported, Dist. Ct. did not err in denying defendant's motion to suppress his arrest and statements made after his arrest on grounds that police lacked probable cause to make initial stop of defendant on traffic offense for obstruction of windshield. While defendant argued that air freshener hanging from his rear-view mirror was too small to constitute material obstruction, instant three by five inch object was large enough for officer to have reasonable belief that defendant had violated said statute at time of stop. Moreover, even if officer made illegal stop, his identification of defendant could not be suppressed, and thus prosecution could use officer's identification of defendant to establish key fact in charged offense.