United States v. Job, No. 14-50472 (9th Cir. 2017)
Annotate this CaseDefendant appealed his 365 month sentence and conviction for conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. The court concluded that the government failed to prove a justification for the warrantless stop and subsequent pat down, and thus the search of defendant's person was unlawful; the evidence discovered during the pat down, the glass pipe and $1450 in cash, should have been suppressed; a Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search; the government failed to prove a valid justification for the search of defendant's car and any evidence seized from the car, including methamphetamine in baggies, should have been suppressed; but the search of defendant's home was lawful and the evidence seized was admissible. The court further concluded that the district court's error in denying the motion to suppress the evidence found on defendant's person and car was harmless as to the conspiracy conviction. However, the court could not conclude beyond a reasonable doubt that this evidence did not contribute to the jury's verdict on Count 5, and thus the court vacated defendant's conviction for possession with intent to distribute and remanded. The court also concluded that the district court did not err in refusing to give a multiple conspiracies instruction under either an abuse of discretion or a de novo standard of review. Finally, the court concluded that the district court failed to make an express or explicit ruling, as required under Fed. R. Crim. P. 32, to resolve the disputed issues and thus the court vacated defendant's sentence and remanded for resentencing.
Court Description: Criminal Law The panel affirmed in part, vacated in part, and remanded in a case in which the defendant was convicted of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. The panel held that the district court erred in denying the defendant’s motions to suppress evidence found during searches of his person, car, and home solely on the basis that the defendant, who was on probation for a nonviolent offense, was subject to a Fourth Amendment search waiver at the time of the searches. The panel explained that a Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search. The panel rejected the government’s arguments that the search of the defendant’s person was justified as a valid Terry stop and frisk, or as a valid protective sweep. The panel rejected the government’s arguments that the search of the defendant’s car was justified by the automobile exception to the warrant requirement, or by the officers’ discovery of the Fourth Amendment search waiver where the government did not prove by a preponderance of the evidence that the officers knew about the search waiver before searching the car. The panel held that the search of the defendant’s home was conducted pursuant to a valid search warrant.
The court issued a subsequent related opinion or order on August 21, 2017.
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