Diaz

I. Background

Diaz lived on the Fort Hall Indian Reservation in Idaho. He had previously been convicted of assault, battery with intent to commit rape, and failure to register as a sex offender. He worked from home as a mechanic and often had several cars at the house. He protected his property with dogs and security cameras. 1 We address other issues that Diaz raised in a separately filed memoran- dum disposition. UNITED STATES v. DIAZ 7549 In July 2003, police visited Diaz’s home and asked to look around. Diaz consented. In Diaz’s bedroom the police discov- ered an assault rifle and a “snort tube” used to inhale metham- phetamine. Police also found a bong and marijuana rolling papers in Diaz’s kitchen. The snort tube and bong both tested positive for traces of methamphetamine.

The police went back to the house three or four more times over the next 18 months. Diaz usually answered the door, though once he took about 45 minutes to do so. Other people and many cars, including Diaz’s own black sport utility vehi- cle, were usually there, though Diaz was sometimes there when his car was not. Diaz told the officers they could usually find him at his house…