Turvin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30551 Plaintiff-Appellant, D.C. No. v.  CR-06-00043-a-

SEAN T. TURVIN; CORINA L. JWS/JD

CUNNINGHAM,

OPINION

Defendants-Appellees.  Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding

Argued and Submitted August 8, 2007—Anchorage, Alaska

Filed February 26, 2008

Before: J. Clifford Wallace, John T. Noonan, and Richard A. Paez, Circuit Judges.

Opinion by Judge Wallace; Dissent by Judge Paez

1615 1618 UNITED STATES v. TURVIN

COUNSEL

Nelson P. Cohen, United States Attorney, and David A. Nes- bett, Assistant United States Attorney, District of Alaska, and Elizabeth A. Olson, Attorney, U.S. Department of Justice, Washington, D.C., for the appellant.

Mary C. Geddes, Assistant Federal Defender, Anchorage, Alaska, for the appellees.

OPINION

WALLACE, Senior Circuit Judge:

The government appeals from the district court’s order sup- pressing evidence obtained from the search of Turvin’s vehi- cle. While Turvin was waiting for a police officer to issue a traffic…