United States v. Arreguin, No. 12-50484 (9th Cir. 2013)
Annotate this CaseDefendant plead guilty to charges under 21 U.S.C. 841. On appeal, defendant challenged the district court's denial of is motion to suppress the fruits of a home search. The court concluded that it was not objectively reasonable for agents to conclude that a houseguest had authority to consent to a search of the master bedroom and bathroom; it was not objectively reasonable for the agents to conclude that the houseguest had authority to consent to a search of the area beyond the door inside the master bedroom; the government's protective sweep fallback argument was waived; and the plain view doctrine did not apply. Accordingly, the court reversed and remanded with instructions to the district court.
Court Description: Criminal Law. The panel reversed the district court’s denial of a motion to suppress the fruits of a home search, and remanded with instructions, in a case in which the government had the burden of establishing that a houseguest had apparent authority to consent to searches of specific areas where DEA agents found the challenged evidence. The panel held that the agents knew far too little to hold an objectively reasonable belief that the houseguest could consent to a search of the master bedroom and bathroom or of the area beyond a door inside the master bedroom. The panel held that the government’s “protective sweep” fallback argument is waived and that the “plain view” doctrine does not apply. The panel instructed the district court to enter an order granting the defendant’s motion to suppress a shoe box, a white substance, a Gucci bag, and cash, and to consider whether the defendant’s inculpatory statements, five packages of methamphetamine, and any other evidence found after the unconstitutional searches should be suppressed as fruits of the poisonous tree.
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