United States Fifth Circuit

Denial of defendant's motion to suppress evidence obtained during a search of her residence for illegal aliens is reversed and her sentence vacated where: 1) federal agents and police officers impermissibly created the conditions that they deemed to be exigent circumstances for warrantless entry into the residence; and 2) her consent for a second search of the residence was not an independent act of free will.

Appellate Information

• Decided 02/12/2007
• Published 02/13/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Gerald Robert Fry (argued), Houston, TX, for Gomez-Moreno.