United States v. Murphy

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30582 Plaintiff-Appellee, v.  D.C. No.

CR-04-30057-ALA

STEPHEN WAYNE MURPHY,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted July 12, 2007—Portland, Oregon

Filed February 20, 2008

Before: Alfred T. Goodwin, Stephen Reinhardt, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Reinhardt

1519 1522 UNITED STATES v. MURPHY

COUNSEL

Vance M. Waliser, Medford, Oregon, for the defendant- appellant.

Karin J. Immergut, United States Attorney, District of Ore- gon, Judith R. Harper, Special Assistant United States Attor- ney, Medford, Oregon, for the plaintiff-appellee. UNITED STATES v. MURPHY 1523

OPINION

REINHARDT, Circuit Judge:

Defendant Murphy appeals the district court’s denial of his motion to suppress evidence seized as a result of two searches. We conclude that one search was lawful and one was not. The first search, a protective sweep of storage units following Murphy’s…