Cortez-Moran

MEMORANDUM *

Abel Cortez-Moran appeals from the district court’s denial of his motion to suppress evidence obtained following a war-rantless arrest made inside his apartment. He seeks reversal of Count II and remand for resentencing on Count I. Cortez-Moran contends that the district court erred in finding that the arrest was not unreasonable under the Fourth Amendment and in finding that exigent circumstances provided an exception to the warrant requirement. He further argues that post-arrest *541 statements should have been redacted from the affidavit, offered to obtain a search warrant for his apartment, and that the redacted affidavit fails to support a finding of probable cause. We conclude that the Government failed to demonstrate the existence of exigent circumstances to support the warrantless arrest. We further conclude that the district court erred in failing to suppress the post-arrest statements, and that the redacted affidavit is insufficient to support a finding of probable cause. Accordingly, we reverse Cortez-Moran’s conviction for possession of heroin with intent to distribute as alleged in Count II, and remand for resentencing on Count I.

I

The parties are…