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· 12/12/2006

United States v. Victor Manuel Torres-Castro

Citations

  • 470 F.3d 992
  • 2006 U.S. App. LEXIS 30420
  • 2006 WL 3598365

How courts have described this case

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

  • concluding that reasonable suspicion to support a protective sweep may arise when officers know an occupant has a weapon, has threatened to use it in an unlawful manner, and may be present in the residence
  • stating that, for the exclusionary rule to apply, the defendant must show by a preponderance of the evidence not only a constitutional violation but also a causal nexus between the violation and the evidence sought to be excluded
  • collecting cases, including Reid, 226 F.3d at 1027 , and Garcia, 997 F.2d at 1282
  • collecting cases, including United States v. Reid, 226 F.3d 1020, 1027 (9th Cir. 2000), and United States v. Garcia, 997 F.2d 1273, 1282 (9th Cir. 1993)
  • collecting cases, mcluding Reid, 226 F.3d at 1027, and Garcia, 997 F.2d at 1282
  • noting \that courts have found that a search may be incident to an arrest in cases where the search and arrest were separated by times ranging from five to sixty minutes\

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, Kelly, Murphy

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.