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United States Ninth Circuit


US v. Diaz, 06-30029

Denial of defendant's motion to suppress in a prosecution for drug and firearm related offenses is affirmed where agents, who had a valid arrest warrant but no search warrant at the time they entered his house and first spotted the challenged evidence, had sufficient reason to believe defendant was home to justify the entry.

Appellate Information

  • Argued 12/05/2006
  • Decided 06/22/2007
  • Published 06/22/2007

Judges

  • CLIFTON, Circuit Judge:, Before:  JEROME FARRIS, RICHARD R. CLIFTON, and CARLOS T. BEA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Nicolas V. Vieth, Federal Defenders of Eastern Washington and Idaho, Pocatello, ID, for the appellant.

  • For Appellees:
  • Thomas E. Moss, United States Attorney;  Alan G. Burrow, Assistant United States Attorney (briefed and argued), Boise, ID, for the appellee.
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