United States v. Chavez

CLEMENT, Circuit Judge:

The government appeals from the district court’s order granting the defendant’s motion to suppress and dismissing the indictment with prejudice. For the following reasons, we reverse the district court’s suppression ruling, vacate the district court’s order of dismissal, and remand for further proceedings consistent with this opinion.

I

In the early morning hours of May 19, 2001, Jacobo Isaías Chavez was working as a uniformed and visibly armed security guard stationed outside of the Fiesta Latina Nightclub (“the club”) in Houston, Texas. At approximately 4:00 a.m., law…