· 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 CourtListenerSourced 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.