United States Ninth Circuit

Because defendant-counterfeiter's rental period had not expired and he had not been evicted, he retained a legitimate expectation of privacy in his motel room; his Fourth Amendment rights were violated by the warrantless search of his room without probable cause. Conviction is vacated and remanded.

Appellate Information

• Argued 10/09/2003
• Decided 03/26/2004
• Published 03/26/2004

Judges

• RAWLINSON, Circuit Judge., Before:  REINHARDT, FERNANDEZ, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Timothy A. Scott, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Mark A. Inciong, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.