United States Ninth Circuit

A former postal service employee's conviction for mail theft is vacated pursuant to a claim of erroneous admission of evidence where a postal inspector violated the Fourth Amendment by frisking defendant for weapons without a reasonable belief that he was armed and dangerous, and the evidence found in the search could not be admitted under the inevitable discovery doctrine.

Appellate Information

• Argued 06/05/2006
• Decided 08/09/2006
• Published 08/09/2006

Judges

• BYBEE, Circuit Judge:, Before: BEEZER, TALLMAN, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jeffry K. Finer, Spokane, WA, for the defendant-appellant., Stephanie J. Lister, Assistant United States Attorney, Spokane, WA, for the appellee.