United States v. Wahchumwah, No. 11-30101 (9th Cir. 2012)Annotate this Case
Defendant appealed his jury conviction for offenses relating to the sale of eagle parts. He contended that his Fourth Amendment rights were violated when an undercover agent used a concealed audio-video device to record an illegal transaction defendant conducted in his home. The court rejected this argument because the Fourth Amendment's protection did not extend to information that a person voluntarily exposed to a government agent, including an undercover agent. The court also rejected defendant's Confrontation Clause challenge, and his objection to the admission of certain photographs of eagles and other bird parts at his trial under Federal Rule of Evidence 403. The court reversed, however, defendant's conviction on Counts 2 or 3 and Counts 4 or 5 because those were multiplicitous.
The court issued a subsequent related opinion or order on March 4, 2013.