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US v. Domenech, 08-1220

Denial of Motion to Suppress Evidence Found in Motel Room Reversed

US v. Domenech, 08-1220, concerned a challenge to the district court's denial of defendants' motions to suppress evidence found in their motel room during the course of a warrantless entry, in a prosecution of defendants for multiple firearm and drug trafficking offenses.


In reversing, the court remanded the matter in holding that, defendants possessed a reasonable expectation of privacy in the motel room.  Further, because the trooper could not see through the frosted window, the district court correctly held that he lacked probable cause to believe that the defendant would destroy evidence of a drug crime, thus, without probable cause, the officers cannot rely on exigent circumstances.

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