United States Fifth Circuit

Denial of a motion to suppress evidence preceding defendant's conviction for conspiring to transport an alien is reversed, and the conviction vacated, where the district court erred when it ruled that exigent circumstances permitted Border Patrol agents' search of defendant's house without a warrant. Evidence that suspected aliens were tired and did not answer the door did not add up to a reasonable belief that the suspected aliens were in need of immediate medical aid.

Appellate Information

• Decided 01/15/2008
• Published 01/16/2008

Judges

• PRADO, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry (argued), James Lee Turner, Asst. U.S. Attys., Jeffery Alan Babcock, Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Philip G. Gallagher (argued), Houston, TX, for Troop.