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U.S. v. LEMUS

No. 08-50403.

582 F.3d 958 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Hernan LEMUS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2009.

Attorney(s) appearing for the Case

Kyle W. Hoffman, Assistant United States Attorney; Karen P. Hewitt, United States Attorney; and Bruce R. Castetter, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Jeremy D. Warren, San Diego, CA, for the defendant-appellant.

Before RONALD M. GOULD, JOHNNIE B. RAWLINSON and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Juan Hernan Lemus appeals the district court's denial of his motion to suppress incriminating evidence discovered during a warrantless search of his apartment following his arrest. Even assuming that there were no articulable facts which would warrant a reasonably prudent police officer to believe that Lemus's apartment harbored an individual posing a danger to those on the arrest scene, we nevertheless

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