United States of America, Plaintiff-appellee, v. Robert Thomas Ward, Defendant-appellant, 993 F.2d 887 (9th Cir. 1993)

MEMORANDUM^*** 

A jury convicted Ward of possession of unregistered machine-guns and silencers, 26 U.S.C. §§ 5861(d), 5861(i). He appeals from the denial of his motion to suppress evidence uncovered pursuant to a state search warrant. Ward claims the participation of ATF agents in the state officers' search rendered it federal in character, and that the search failed to comply with Fed.R.Crim.Proc. 41.

The district court found the officers didn't deliberately intend to circumvent Rule 41. GER 108. Moreover, as the court recognized, this case is directly controlled by United States v. Crawford, 657 F.2d 1041 (9th Cir. 1981); see also GER 108. The alleged violations of Rule 41--the issuance of a warrant to a state officer, the omission of a deadline for execution of the warrant and the failure to designate a federal magistrate for return of the warrant--were the same violations at issue in Crawford. 657 F.2d at 1046-47. We held in Crawford that such "technical violations of Rule 41 ... do not require the use of the exclusionary rule." Id. at 1048. So here.

AFFIRMED.