United States Ninth Circuit

For purposes of the Fourth Amendment, whether opening a screen door breaches a reasonable expectation of privacy depends on the circumstances. Denial of a motion to suppress evidence in a prosecution for drug and firearms-related offenses is affirmed where, although opening a screen door while the solid door was open infringed upon a reasonable and legitimate expectation of privacy, exigent circumstances justified opening the screen door at issue. Defendant's speedy trial claim is also rejected as the district court's findings were sufficient.

Appellate Information

• Argued 01/11/2006
• Decided 08/31/2006
• Published 08/31/2006

Judges

• KLEINFELD, Circuit Judge:, Before: ANDREW J. KLEINFELD, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jack E. Sands, Attorney at Law, Billings, MT, for appellant Jose Luis Arellano-Ochoa.


• For Appellees:
  
• James E. Seykora (argued), Assistant U.S. Attorney, Billings, MT, for appellee United States of America.