Skip to content
Name: U.S. v. Gooch
Case #: 06-30645
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/01/2007

For Fourth Amendment purposes, a valid arrest warrant issued by a neutral magistrate judge, including a warrant for misdemeanor failure to appear, provides the limited authority to enter a dwelling where the suspect lives, when there is reason to believe the suspect is present, in order to serve the warrant. (Peyton v. New York (1980) 445 U.S. 573; U.S. v. Spencer (2d Cir. 1982) 685 F.2d 220.) The police officer approached a stopped vehicle in which Conn was a passenger and recognized Conn from a prior arrest at Conn's residence. When Conn fled, the officer followed him to…

View Full Summary
Name: U.S. v. Crews
Case #: 06-30589
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/07/2007

When an affidavit upon which a search warrant is based demonstrates a sufficient link between the person to be searched, the evidence sought to be discovered, and the place to be searched, police reliance on it is objectively reasonable and the search will be upheld on the good faith exception. The defendants each were charged in separate indictments with being a felon in possession of a firearm. Defendant Crew claimed that the affidavit contained material superfluous information rendering the good faith exception unavailable. Defendant Manus claimed that the illegal activity was rendered "stale" by the time police…

View Full Summary
Name: U.S. v. Hurd
Case #: 06-30592
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/24/2007

A search pursuant to a warrant is unreasonable under the Fourth Amendment, and thus, unconstitutional, if performed outside the proper judicial authorization. (Groth v. Ramirez (2004) 540 U.S. 551; McDonald v. United States (1948) 335 U.S. 451.)

If the police go beyond the scope of an authorized search and search places or seize evidence not included in the warrant, suppression is the remedy. (United States v. Mittleman (9th Cir. 1993) 999 F.2d 440.) In this case, the police officer presented a completed affidavit and search warrant to the judge. The officer used a warrant form that…

View Full Summary
Name: People v. Nasmeh
Case #: H029987
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/23/2007

Motion to suppress was improvidently granted where seizure of the vehicle did not exceed the scope of the search warrant. Appellant was charged with murder. Prior to trial, a magistrate signed a search warrant for appellant's home and car for evidence of the murder. Following a visual search of the vehicle, officer's towed the car to the lab for forensic processing. There, forensic evidence linking appellant to the murder was found. Appellant's motion to suppress the evidence was granted, and the prosecutor petitioned for a writ of mandate to vacate the order. The appellate…

View Full Summary
Name: United States v. Hoang
Case #: 05-10669
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/14/2007

A temporary detention of a package containing drugs which did not substantially affect its scheduled delivery did not violate appellant's Fourth Amendment rights. Hoang entered a guilty plea to federal narcotics charges after methamphetamine was found in a package which was sent to him via Fed Ex. A drug sniffing dog had alerted to the package while it was in transit, and it was diverted while a search warrant was obtained. Hoang was arrested when the package was delivered. Affirming a conviction and sentence imposed by the district court, the appellate court held that no Fourth…

View Full Summary
Name: People v. Sun
Case #: G035328
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/07/2007

Penal Code section 954 provides for consolidation of multiple counts charged originally in separate pleadings and not merger of multiple counts into one count. At the trial level, defendant, charged with ten counts of violation of Penal Code section 12020 (weapons possession), successfully moved for consolidation of the counts into one count and dismissal of the remaining nine. The appellate court observed that the weapons statute specifically provided for separate charging and that defendant’s interpretation of section 954 was erroneous. Secondly, suppression of evidence seized pursuant to a warrant based on records required to comply with a…

View Full Summary
Name: United States v. Kelley
Case #: 05-10547
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/01/2007

The totality of circumstances provided probable cause to search a home computer for child pornography. Kelley's home computer was searched for images of child pornography pursuant to a search warrant which was based on information discovered during unrelated computer searches. (Kelley's online names were found as the receiver of child pornography on the unrelated computer.) The district court granted Kelley's motion to suppress the evidence, because something more than proof of receipt or opening an email is required to establish probable cause that the recipient is in actual possession of contraband contained in the email. Further, the…

View Full Summary
Name: People v. Wilmshurst
Case #: C050103
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/08/2007

Firearms records appellant was required to keep under federal law and the results of a federal regulatory inspection of appellant's home, pursuant to issuance of a federal license for importing weapons, did not violate his privilege against self-incrimination and could be included in the affidavit for a search warrant. Here, a federal firearms official performing a compliance inspection in connection with appellant's federal license for importing weapons discovered weapons illegal under California law and reported her findings to California firearms officials. In turn, they sought a warrant on the basis of this information. Appellant claims that the…

View Full Summary
Name: United States v. Hector
Case #: 05-50404
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/25/2007

Applying the finding of Hudson v. Michigan (2006) __U.S.__ [126 S.Ct. 2159; 165 L.Ed.2d 56] to the facts of this case, the court, without determining if failure to serve a copy of a search warrant to the defendant was a violation of the Fourth Amendment, found that the exclusionary rule does not apply. Hudson held that suppression of evidence is not an appropriate remedy for a constitutional violation that was not the unattenuated but/for cause of obtaining disputed evidence. Here it was undisputed that there was a valid search warrant. Although Hector was presented with a search warrant notice…

View Full Summary
Name: People v. Galland
Case #: G034189
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/28/2006
Subsequent History: 4/18/07 Review Granted: S149890

From the moment the magistrate reads the search warrant and the entire original affidavit of probable cause, the documents become court documents subject to the pertinent Government Code sections requiring that they be filed with clerk of the court and maintained for the specified period of time. In this case, in the second appeal of this case concerning the denial of a motion to quash and traverse and suppress evidence, the appellate record revealed that the original affidavit was divided into three sections with one section sealed and filed with the superior court, the second section sealed and retained…

View Full Summary