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· 7/16/2004

United States v. Andres Fernando Moran Vargas

Citations

  • 376 F.3d 112
  • 2004 U.S. App. LEXIS 14673
  • 2004 WL 1588124

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a defendant who allowed officers to enter his motel room for a conversation had not consented to a search of his motel bathroom
  • finding lack of consent when “Moran quickly shut the bathroom door, telling the agents that they could not use his bathroom”
  • “[N]one of the agents testified to hearing any noises coming from the bathroom or to seeing any evidence that might have indicated that another person was present.”
  • general suspicion, “without more,” that other, armed individuals might be in hotel room insufficient to justify protective sweep
  • “Not only was there no objective basis to warrant a reasonable suspicion of danger from a second person, there was also no evidence of subjective fear on the part of the agents.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Oakes, Katzmann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.