United States Ninth Circuit

The district court's denial of defendant's motion to suppress the fruits of a home search, is reversed and remanded with instructions, where: 1) the agents knew far too little to hold an objectively reasonable belief that the houseguest could consent to a search of the master bedroom and bathroom or of the area beyond a door inside the master bedroom; 2) the government's "protective sweep" fallback argument is waived; and 3) the "plain view" doctrine does not apply.

Appellate Information

• Decided 11/22/2013
• Published 11/22/2013

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• GOODWIN