DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091890P.pdf 03/23/2010 United States v. Alfonso Cisneros-Gutierrez
U.S. Court of Appeals Case No: 09-1890
and No: 09-2590
and No: 09-2728
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Wollman, Author, with Riley and Melloy, Circuit
Judges]
Criminal case - Criminal law. District court did not err in finding
defendants consented to a full search of the residence; search of a second
residence was supported by exigent circumstances - the likelihood of
destruction of evidence - and probable cause to believe drugs were
present; argument that police impermissibly entered the home's curtilage
is rejected as the officers at the front of the house independently observed
destruction of evidence and entered the home under exigent
circumstances; police did not manufacture the exigent circumstances;
protective sweep was supported by concerns of officer safety; no error in
imposing a consecutive five-year sentence for possession of a firearm in
connection with a drug crime.