United States v. Santos Jurado-Garcia ( 2019 )

Case: 18-40772 Document: 00515086508 Page: 1 Date Filed: 08/21/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-40772 FILED
Summary Calendar August 21, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SANTOS EFREN JURADO-GARCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:18-CR-10-1
Before WIENER, HAYNES, and COSTA, Circuit Judges.
PER CURIAM: *
Santos Efren Jurado-Garcia pleaded guilty, pursuant to a plea
agreement, to one count of conspiracy to transport illegal aliens within the
United States. Pursuant to the agreement, Jurado-Garcia reserved the right
to appeal the district court’s denial of his motion to suppress evidence. He
asserts that the district court clearly erred in finding the warrantless search
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-40772 Document: 00515086508 Page: 2 Date Filed: 08/21/2019
No. 18-40772
of his residence was constitutional under the exigent circumstances and
protective sweep exceptions to the Fourth Amendment’s warrant requirement.
We need only address the protective sweep ruling. The record supports
the district court’s findings that the post-arrest protective sweep was
permitted given that the officers had reasonable grounds to believe that there
were both unsecured weapons and unsecured people in the home, posing a
security risk to officers on the scene. See United States v. Mendez, 431 F.3d
420, 428 (5th Cir. 2005). Thus, the district court did not clearly err in finding
that the warrantless search of Jurado-Garcia’s residence was justifiable under
the protective sweep exception to the Fourth Amendment’s warrant
requirement. See United States v. Robinson, 741 F.3d 588, 594 (5th Cir. 2014).
Accordingly, the judgment of the district court is AFFIRMED.
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