United States v. Sergio Guerrero
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF No. 21-10248
AMERICA,
Plaintiff-Appellee, D.C. Nos. 4:19-cr-01468-CKJ-MSA-1 v. 4:19-cr-01468-CKJ-MSA
SERGIO GUERRERO,
Defendant-Appellant. OPINION
Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding
Argued and Submitted June 16, 2022 San Francisco, California
Filed September 2, 2022
Before: Sidney R. Thomas, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.
Per Curiam Opinion; Concurrence by Judge Gould; Concurrence by Judge Bea; Dissent by Judge S.R. Thomas SUMMARY *
Criminal Law
In a per curiam opinion, the panel affirmed the district court’s denial of Sergio Guerrero’s motion to suppress because of the consistent conclusions of Judge Gould and Judge Bea, which represent a majority of the panel, even though the reasoning of Judge Gould and Judge Bea in their separate concurrences is different.
The panel noted that one exception to the Fourth Amendment’s prohibition of searches and seizures conducted without prior approval by…