United States v. Noriega, No. 10-12480 (11th Cir. 2012)Annotate this Case
Defendant was convicted of conspiracy and possession of marijuana with intent to distribute. On appeal, defendant contended that the district court should have suppressed evidence seized at his property because the search was illegal and, in any event, the evidence was insufficient to support his conspiracy conviction. An alternative ground could justify affirming the district court's decision not to suppress the evidence, regardless of whether the search was illegal. Because it was the district court's role to find the facts, the court remanded the case to that court for the limited purpose of allowing it find whether the officer at issue would have sought the oral search warrant for the house and outbuilding if he had not already conducted the protective sweep of that house.
The court issued a Revised version of this opinion on July 25, 2012.