GREELEY — An identity-theft investigation involving more than 1,000 alleged undocumented workers in Weld County was essentially suspended Tuesday by a visiting judge concerned about the probe’s legality.
Larimer County District Judge James H. Hiatt ordered all documents — paper and electronic — that were seized by sheriff’s investigators during a search of Amalia’s Translation and Tax Service in Greeley last fall be handed over to court officials by Friday.
Hiatt also signed off on a decision by Weld District Attorney Ken Buck to hold off on seeking any more indictments in the case until April 13, when Hiatt rules on whether the search of Amalia’s was constitutional.
Hiatt’s decision came a day after Weld District Judge James Hartmann threw out evidence investigators had seized during their search of Amalia’s as part of a separate criminal case.
Hiatt is presiding over a lawsuit filed by the American Civil Liberties Union against Buck and Sheriff John Cooke on behalf of Amalia Cerrillo, the owner of the tax service, and four other people.
The ACLU claims Buck and Cooke illegally seized the tax records of 1,338 alleged illegal immigrants and began arresting and charging some of them with identity theft or criminal impersonation.
Hiatt’s ruling Tuesday was a victory for privacy rights, said Reid Neureiter, an attorney representing the ACLU. “This basically stops the investigation because the judge saw this was a violation of basic constitutional rights.”
At least 100 suspects have already been indicted or arrested as part of the investigation into Amalia’s. Those cases will go forward and the constitutionality of each will have to be decided individually, Neureiter said.
Hiatt ruled Tuesday after a day-and-a-half-long hearing.
ACLU lawyer Elizabeth Harris told the judge that the warrant issued for the search of Amalia’s was part of a “broad fishing expedition.”
“Taxpayers have a reasonable expectation of privacy,” Harris said. “Well, the government doesn’t have the right to rifle through someone’s private papers.”
But Lisa Hogan, arguing for Buck, said enough evidence was there to allow Buck and Cooke to enforce the law. “There was more than sufficient probable cause to believe a crime has been committed, and the evidence was in Ms. Cerrillo’s office,” Hogan said.
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
