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· 6/29/1999

United States v. Frank Chaves and Rafael Garcia

Citations

  • 169 F.3d 687

How courts have described this case

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

  • concluding that a defendant had standing to challenge the search of a warehouse he did not legally own when he “maintained both custody and control of the warehouse,” including by having the “ability to exclude others” (internal quotation marks omitted)
  • finding that a warrantless search of a warehouse could not be justified as a protective sweep where officers had no information indicating that a dangerous person was inside
  • finding a protective sweep not warranted under a totality of the circumstances
  • finding facts showed no reasonable basis for belief that protective sweep was necessary to reduce harm to officers who “simply sat in their cars outside the warehouse” for 45 minutes after an arrest before entering a warehouse for a protective sweep
  • defendant had standing to challenge search of warehouse he did not rent, where defendant possessed the only key to the warehouse and stored personal and business papers there
  • sufficient probable cause established for warrant, discounting information learned during prior unlawful search

Source: CourtListener parenthetical corpus (CC0).

Judges: Hatchett, Barkett, Roney

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.