United States v. Perea-Rey, No. 10-50632 (9th Cir. 2012)Annotate this Case
Defendant was indicted for harboring aliens and moved to suppress evidence of the aliens as the fruit of a warrantless search and seizure. Though the district court found that the border patrol agents entered the curtilage of defendant's home and that there were no exigent circumstances that might justify the failure to obtain a warrant, that court denied the motion. Defendant entered a conditional guilty plea and appealed. Because the agents physically occupied the curtilage of defendant's home without obtaining a warrant, and no exceptions to the warrant requirement otherwise justified the search or seizure, the court reversed defendant's conviction and remanded.