Unpublished Disposition, 888 F.2d 130 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 888 F.2d 130 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Raymond Starr DRUMM, Defendant-Appellant.

No. 88-5282.

United States Court of Appeals, Ninth Circuit.

Submitted July 25, 1989.^* Decided Oct. 11, 1989.

Before BROWNING, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM^**

On the basis of the extensive information provided by Charles Pleasant, the FBI had probable cause to suspect defendant. Because FBI agents reasonably believed that defendant had spotted the surveillance team in the motel parking lot, thereby increasing the risk of flight, destruction of evidence and danger to police and bystanders, exigent circumstances existed for the agents to rush defendant's motel room to arrest him. See United States v. McLaughlin, 525 F.2d 517, 521 (9th Cir. 1975), cert. denied, 427 U.S. 904 (1976). The subsequent search of defendant's room was lawful as a consensual search and as a seach incident to arrest.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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