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Name: United States v. Martinez-Garcia
Case #: 03-30532
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/11/2005
Summary

A search was not rendered unreasonable where officers executing a search warrant began the search before serving the warrant on the defendant. The defendant did not read or understand English, and although the officers requested the assistance of an interpreter they began the search prior to the arrival of the interpreter. The Ninth Circuit held that the notice requirement was not absolute and that the officers did not act unreasonably in delaying service of the warrant. Further, the court held that the district court did not err in denying the defendant’s challenge under Franks v. Delaware to the sufficiency of the affidavit supporting the warrant, even though an informant had a criminal conviction that was not disclosed in the affidavit. The evidence showed that the officer who had prepared the affidavit had relied in good faith on a flawed criminal history report.