United States v. Edward Robinson

MEMORANDUM

The United States appeals the district court’s order granting Edward Robinson’s motion to suppress evidence of three firearms found during a search of Robinson’s residence located in a separate building — a free-standing garage converted into a two-bedroom unit with a kitchen and a bathroom. The search of Robinson’s residence took place after a search warrant was executed on the separate residence of Abelino Garcia, who owned a unit at the back of a duplex. The front unit of the duplex is not involved in this matter. We have jurisdiction under 18 U.S.C. § 3731 . We affirm.

We review the lawfulness of a search and seizure de novo, and the district court’s findings of fact for clear error. United States v. Deemer, 354 F.3d 1130, 1132 (9th Cir.2004). We review the scope of a search warrant de novo. United States v. Hurd, 499 F.3d 963, 965 (9th Cir .2007).

“[T]he Fourth Amendment confines an officer executing a search warrant strictly within the bounds set by the warrant....” Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 407 n. 7, 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Applying United States v. Hitchcock, we hold that considering “the circumstances of the search,”…