Problem with this is in the premise that the illegal alien HAS ANY 4th amendment rights. He doesn't. He is not a citizen or even a recognized guest of this country.
The idea that the border patrol agents rights to protect themselves and their partners are inferior to the non-rights of an illegal is OUTRAGEOUS!
Attorneys and judges that "defend" civil rights of criminals while trampling on the rights of decent law-abinding citizens (who are officers, in this case) make me ILL!