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US v. Villa-Gonzalez, No. 09-1764

By FindLaw Staff on November 01, 2010 | Last updated on March 21, 2019

Suppression of Evidence Affirmed

In US v. Villa-Gonzalez, No. 09-1764, a drug conspiracy, firearm possession and illegal reentry prosecution, the court affirmed the grant of defendants' motion to suppress evidence, holding that 1) the district court did not err when it concluded defendant was seized by the time he spoke to a customs officer on the phone; and 2) the district court did not err when it concluded the fruit of the poisonous tree doctrine necessitated suppression of evidence discovered during the search of defendants' residence.


As the court wrote:  "Brothers Trinidad Villa-Gonzalez (Trinidad) and Jose Villa-Gonzalez (Jose) were indicted in 2008 on various criminal charges after police discovered methamphetamine, guns, money, and scales during a search of the brothers' residence. The district court1 granted the brothers' motion to suppress the physical evidence discovered during the search of their residence, as well as certain incriminating statements they made to police."

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