DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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152723P.pdf 08/25/2016 United States v. Joshua Rodriguez
U.S. Court of Appeals Case No: 15-2723
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Wollman and Loken, Circuit Judges]
Criminal case - Criminal law. The district court erred in suppressing a
firearm found during a warrantless search of defendant's home on the
ground defendant did not consent to the search as an officer acting with
objective good faith could reasonably believe that defendant had impliedly
invited the officers into the home by opening the door wider and stepping
back into the house; however, the protective sweep the officers conducted
was done in the absence of an arrest or reasonable suspicion that
dangerous persons might be present and was illegal; on remand, the
district court should determine whether the independent source doctrine
applies.