United States v. Norberto Osorio and Jesus A. Castro, Jesus A. Castro

WALKER, Circuit Judge:

Drug Enforcement Task Force agents made a warrantless nonconsensual entry into an apartment where appellant Castro was a guest and was sleeping. The agents searched the apartment and seized several items. The sole issue on this appeal is whether Castro’s Fourth Amendment rights were violated by the search. We find that they were.

BACKGROUND

We first briefly summarize the relevant facts. On September 22, 1989, Castro entered the United States as a resident alien. Finding his former residence in Queens, a basement apartment, to be cold and damp, he stayed at his girlfriend’s…