United States Ninth Circuit

Denial of defendant-prisoner's motions to suppress evidence is: 1) reversed in part and remanded, where the forcible removal of drugs from defendant's rectum during a body cavity search in jail, without medical training or a warrant, violated his Fourth Amendment rights; 2) affirmed in part with respect to denial of motions to suppress evidence obtained through wiretaps, evidence seized from defendant's apartment, and drug evidence seized from defendant's car; and 3) affirmed in part with respect to dismissal of indictment on a claim of evidence tampering and on double jeopardy grounds following a mistrial.

Appellate Information

• Argued 05/07/2013
• Decided 08/25/2014
• Published 08/25/2014

Judges

• Wardlaw

Court

• United States Ninth Circuit

Counsel