United States v. Torres-Castro

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER came before the Court on Defendant’s Motion to Suppress Evidence and Supporting Memorandum filed on February 8, 2005 (Doc. 15). The Court held an evidentiary hearing on this Motion on February 25, 2005. The primary issues are: (i) whether the protective sweep of Defendant Victor Manuel Torres-Castro’s residence was incident to his arrest; and (ii) whether the Court must suppress the evidence and statements that the officers subsequently obtained as “fruit of the poisonous tree.” Because the Court concludes that the protective…