[DOWNLOAD] "United States v. Romero" by United States Court of Appeals Tenth Circuit # Book PDF Kindle ePub Free

eBook details
- Title: United States v. Romero
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 30, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In this interlocutory appeal, the United States appeals a decision of the district court suppressing drug evidence in the drug conspiracy trials of defendants-appellees Richard Romero and Israel Santiago. The district court concluded that probable cause did support the warrantless arrests of Romero and Santiago, but that the search that uncovered methamphetamine in Romero and Santiagos hotel room violated the Fourth Amendment and that the drug evidence would therefore be suppressed. The United States argues that the district court misapplied the law when it concluded that the search was not a valid search incident to arrest because the defendants were already restrained in handcuffs at the time of the search and could not reach the nightstand in which the drugs were found. In urging this court to affirm the district courts suppression of the drug evidence, the appellees argue that the officers lacked probable cause to arrest them and therefore that the methamphetamine must be excluded as the fruit of their unconstitutional arrests.