United States Ninth Circuit

In a prosecution for possession of ammunition by a convicted felon, denial of defendant's motion to suppress evidence that was discovered during a warrantless search of his car is reversed where the government failed to demonstrate that any exceptions to the probable cause requirement apply, and thus, the search of defendant's car without probable cause violated the Fourth Amendment.

Appellate Information

• Argued 11/05/2007
• Decided 07/21/2008
• Published 07/22/2008

Judges

• PREGERSON, Circuit Judge:, Before:  MYRON H. BRIGHT,HARRY PREGERSON, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Sean Kennedy, Federal Public Defender;  Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., George S. Cardona, United States Attorney;  Thomas P. O'Brien, Assistant United States Attorney, Chief, Criminal Division;  Shawn J. Nelson, Special Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.