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U.S. v. RODEA

No. 96-40018.

102 F.3d 1401 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Jose RODEA, Jr.; Jose Rodea-Hernandez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1997.

Attorney(s) appearing for the Case

Lisa Yvette Simotas, Richard A. Friedman, U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, Laurie Hamlett, United States Attorney's Office, McAllan, TX, Paula Camille Offenhauser, James Lee Turner, U.S. Attorney's Office, Houston, TX, for plaintiff-appellant.

Richard K. Livesay, McAllen, TX, for Rodea.

Richard Bruce Gould, McAllen, TX, for Rodea-Hernandez.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is the exigent circumstances exception to the Fourth Amendment warrant requirement. The United States appeals the suppression (1) of evidence seized in the search of a mobile home occupied by, among others, appellees Jose Rodea-Hernandez (Rodea-Hernandez) and Jose Rodea, Jr. (Rodea), and (2) of statements made by Rodea. We REVERSE and REMAND.

I.

In September 1995, assisted by a confidential...

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