United States v. Serrano-Acevedo

The First Circuit vacated Virgilio Diaz-Jimenez’s (Diaz) conviction and remanded the cause for further proceedings, holding that the search of Diaz’s home was unconstitutional, and the error was prejudicial.Diaz and Hector Serrano-Acevedo (Serrano) were convicted of armed bank robbery and possession of a firearm during and in relation to a crime of violence. On appeal, Diaz argued that the government’s warrantless search of his home violated his Fourth Amendment rights and that the district court erred by denying his motion to suppress evidence uncovered during the search. Serrano argued that certain statements made during trial were impermissible hearsay. The First Circuit vacated Diaz’s conviction and affirmed Serrano’s conviction, holding (1) the district court erred by denying Diaz’s motion to suppress, and the error was not harmless; and (2) if there was any error in the admission of the statements challenged by Serrano, it was harmless. View "United States v. Serrano-Acevedo" on Justia Law