USA v. Cordova-Espinoza, No. 21-50518 (5th Cir. 2022)Annotate this Case
Defendant appealed the district court’s denial of a motion to suppress evidence obtained by federal agents after a hotel manager opened the door to a room containing Defendant. Defendant moved to suppress the fruits of the hotel-room search, arguing that the hotel manager was acting as a Government agent and that the Government lacked a warrant that authorized the search. The district court held a suppression hearing and denied the motion. Defendant thereafter pleaded guilty to illegal reentry under 8 U.S.C. Section 1326, reserving his right to challenge the district court’s denial of his motion to suppress.
The Fifth Circuit affirmed. The court held that the district court properly found that this search was a private search. As private searches do not implicate the Fourth Amendment, the district court correctly denied Defendant’s motion to suppress evidence obtained from the search in question.
The court explained that the district court correctly found that the Government did not affirmatively encourage the hotel manager to open the door and thus did not acquiesce to the manager’s search. These findings are supported by the record and, given that the district court was in the best position to evaluate the credibility and context of witness statements, are not clearly erroneous.