Quaempts

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30471 Plaintiff-Appellant, v.  D.C. No.

CR-03-02028-EFS

DARRELL KUNEKI QUAEMPTS,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted September 15, 2004—Seattle, Washington

Filed May 31, 2005

Before: Mary M. Schroeder, Chief Judge, A. Wallace Tashima, and Jay S. Bybee, Circuit Judges.

Opinion by Chief Judge Schroeder

5871 5872 UNITED STATES v. QUAEMPTS

COUNSEL

Robert A. Ellis, Assistant United States Attorney, Yakima, Washington, for the plaintiff-appellant. UNITED STATES v. QUAEMPTS 5873 Rebecca L. Pennell, Federal Defenders of Eastern Washing- ton and Idaho, Yakima, Washington, for the defendant- appellee.

OPINION

SCHROEDER, Chief Judge:

Darrell Quaempts’ trailer home was so small that he could open the front door while lying in his bed. His doing so on one unfortunate occasion, in response to the knock of Yakima Nation police officers, resulted in his warrantless arrest…