United States v. Sharon Maria Newell and Maria Del Socorro Franco Guerra

TUTTLE, Circuit Judge:

Sharon Maria Newell and Maria del Socorro Franco Guerra appeal their convictions for one count each of knowingly and intentionally possessing, with intent to distribute, marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. § 841(a)(1). They contend that the search during which the marijuana was discovered violated their rights under the Fourth Amendment of the United States Constitution.

We agree and therefore reverse their convictions.

I

“As is usual in the search and seizure area, the particular factual setting is of critical importance to the…