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· 7/11/1980

United States v. Jorge Gomez and Henry Serna

Citations

  • 633 F.2d 999
  • 1980 U.S. App. LEXIS 15791

How courts have described this case

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

  • finding probable cause based on agents’ prior observations and their hearing “classic sounds indicating destruction of evidence,” despite agents not having seen drugs
  • hastening to enter apartment and slamming door when DEA agents announced their authority
  • Sounds of “commotion” and destruction of evidence established exigent circumstances sufficient to justify warrant-less arrests.
  • “[M]ere sight of agents was enough to tip off experienced narcotics dealers” that “they were in trouble and thus trigger destruction of evidence.”
  • seizure occurs when police from fifteen feet away display their badge and shout \police\ since \'[a] reasonable person would have believed that he was not free to leave'\ (quoting Mendenhall, 446 U.S. at 554)
  • Suspect’s retreat into an apartment from agents’ show of authority in the hallway is evidence of “consciousness of guilt,” which is a factor to be considered in determining whether probable cause exists.

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Friendly, Timbers

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.