Case: 19-10113 Date Filed: 10/07/2019 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10113 Non-Argument Calendar ________________________ D.C. Docket No. 2:18-cr-00015-MHT-GMB-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ADRIAN SOLANO-MENDOZA, a.k.a. Henry Selva-Sauzo, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Alabama ________________________ (October 7, 2019) Before ED CARNES, Chief Judge, BRANCH, and HULL, Circuit Judges. PER CURIAM: Case: 19-10113 Date Filed: 10/07/2019 Page: 2 of 8 Adrian Solano-Mendoza pleaded guilty to unlawful reentry into the United States by a previously deported alien and possession of a firearm by an alien. He appeals the district court’s denial of his motion to suppress evidence of a firearm that officers discovered during a protective sweep of his home conducted after his arrest on the front porch. I. On January 8, 2018, eight Immigration and Customs Enforcement officers and a Chilton County Sheriff’s Office deputy came to Solano-Mendoza’s home in the early morning to serve a warrant for his arrest for unlawful reentry into the United States after deportation. As they approached the home they saw Solano- Mendoza’s truck and another car parked outside. The officers knew from Solano- Mendoza’s criminal history that he had possessed firearms in the past. The plan had been for the officers to set up a perimeter, knock on the door and announce their presence, break down the door, and take Solano-Mendoza into custody. But as they drove up to Solano-Mendoza’s home he came out onto the front porch. Agent Scott Skillern recognized Solano-Mendoza and ordered him onto his knees. As the agents handcuffed Solano-Mendoza and led him to a police vehicle his wife, Paula Munoz, and two daughters, Jasmin and Alejandra, lined up at the front door and watched the arrest. They began to open the door and come out onto the porch, but complied when agents told them to stay inside. As Solano-Mendoza 2 Case: 19-10113 Date Filed: 10/07/2019 Page: 3 of 8 was being led to a police vehicle Skillern talked to the two daughters, who unlike Munoz were fluent in English. The daughters asked Skillern what was happening and he asked them if the officers could come inside and explain. They said yes. Skillern entered the living room through the front door and asked thirteen- year-old Jasmin if the officers “could make a quick search” to make sure nobody else was in the house. Jasmin said “sure.” Officer Chris Purdy then entered Solano-Mendoza’s bedroom and discovered an assault rifle in plain view on the floor of the bedroom’s closet. He returned to the living room to inform his fellow officers that he had found a weapon and to ask them if they needed help sweeping the rest of the house. Purdy testified that his discovery of the assault rifle and return to the living room occurred in the first 90 seconds after he entered the home. The officers continued their search and discovered a hunting rifle under ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals