US v. Menchaca-Castruita, 08-40403
Defendant's drug conspiracy conviction is vacated where no exigent circumstances existed to justify the police's failure to obtain a warrant to search defendant's residence, and thus, the district court erred in denying defendant's motion to suppress.
- Decided 10/30/2009
- Published 10/30/2009
- WIENER, Circuit Judge:, Before REAVLEY, JOLLY, and WIENER, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Amy Howell Alaniz (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.
- For Appellees:
- Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Fed. Pub. Defender's Office, Houston, TX, for Defendant-Appellant.