Legal Opinion

United States v. Gomez-Moreno

Court of Appeals for the Fifth Circuit

Decided February 12, 2007No. 05-20921PublishedCited by 54 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Delia Gomez-Moreno appeals the district court’s denial of her motion to suppress evidence obtained during a search of her residence for illegal aliens. Because the federal agents and police officers im-permissibly created the conditions that they deemed to be exigent circumstances for warrantless entry into the residence, and because Gomez-Moreno’s consent for a second search of the residence was not an independent act of free will, we REVERSE the district court’s denial of Gomez-Moreno’s motion to suppress, VACATE Gomez-Moreno’s sentence, and REMAND for…

2Cases cited12 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  3. United States v. JonesCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. Aguero-MirandaCourt of Appeals for the Fifth Circuit · 1999
  5. United States v. VegaCourt of Appeals for the Fifth Circuit · 2000

7 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Gates v. Texas Deparment of Protective & Regulatory ServicesCourt of Appeals for the Fifth Circuit · 2008
  2. Constance Westfall v. Jose LunaCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
  4. Wernecke v. GarciaCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. AguirreCourt of Appeals for the Fifth Circuit · 2011

49 more not listed; retrieve them via the Exa API.

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