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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.