Unpublished Disposition, 922 F.2d 845 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 922 F.2d 845 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Kelly C. STRANTZ, Defendant-Appellant.

No. 90-30204.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 7, 1991.* Decided Jan. 10, 1991.

Before WRIGHT, BRUNETTI and LEAVY, Circuit Judges.

MEMORANDUM** 

Strantz appeals the denial of his motion to suppress evidence obtained pursuant to a search warrant issued by a Washington state judge. He contends that the warrant's validity should have been analyzed under the Aguilar-Spinelli standard, which Washington still follows. He also contends that the officers' pre-warrant entries onto his property violated his Fourth Amendment rights.

For the reasons given in the district court's order, neither contention by Strantz has merit. In United States v. Chavez-Vernaza, 844 F.2d 1368, 1374 (9th Cir. 1987), this court rejected any requirement that federal courts defer to state law in deciding to admit evidence obtained in a search by state officials. The district court correctly used federal standards to determine that probable cause supported the search warrant.

A recent opinion in United States v. Brady, 734 F. Supp. 925 (E.D. Wash. 1990), presented facts virtually identical to those before us. Its legal analysis and conclusion are further support for the order appealed from.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 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 Ninth Circuit Rule 36-3

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