United States v. Ortega-Montalvo, No. 16-1899 (8th Cir. 2017)
Annotate this CaseDefendant was convicted of illegally reentering the United States and sentenced to 51 months in prison. The court concluded that the occupant of the apartment where defendant was found voluntarily consented to entry; articulable facts warranted the agents' lawful protective sweep where the agents knew that defendant had a prior conviction for aggravated assault on a police officer and that he may be present in the apartment; the totality of the circumstances demonstrated that defendant voluntarily consented to the search of his bedroom; and defendant's requests for suppression of all evidence was without merit. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Criminal case - Criminal law. The district court did not err in determining that the occupant of the apartment where defendant was arrested voluntarily consented to the agents' entry into the apartment; protective sweep of the apartment was lawful; the district court did not err in determining defendant voluntarily consented to a search of his room in the apartment.
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