United States of America, Plaintiff-appellee, v. Salvador Chaides, Defendant-appellant, 962 F.2d 15 (9th Cir. 1992)
Annotate this CaseBefore JAMES R. BROWNING and FARRIS, Circuit Judges, CAULFIELD,** District Judge.
MEMORANDUM***
Chaides claims the district court erred in denying his suppression motion because the officers executing the search warrant on his residence failed to comply with the "knock and notice" provisions of 18 U.S.C. § 3109.
Chaides does not have standing to raise the alleged failure to comply because he was not present when the officers executed the warrant. United States v. Valencia-Roldan, 893 F.2d 1080, 1081 n. 1 (9th Cir. 1990) ("We decline to consider whether the executing officers failed to comply with the 'knock and notice' provisions of 18 U.S.C. § 3109 before entering [defendant's] apartment. [Defendant] lacks standing to assert this argument because he was not present at the time."); see also United States v. Lockett, 919 F.2d 585, 587 (9th Cir. 1990) (citing Valencia-Roldan) .
AFFIRMED.
The panel finds this case appropriate for submission without oral argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)
Honorable Barbara A. Caulfield, United States District Judge for the Northern District of California, sitting by designation
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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