Doody

Doody v. Schriro

Good Law
United States Court of Appeals for the Ninth CircuitNovember 19, 200806-17161California12,555 words

Opinion

Opinion

I. BACKGROUND

A.

1.

On August 10, 1991, nine bodies were discovered in a Thai Buddhist temple outside Phoenix, Arizona. The victims were monks and other temple residents; each had been arranged lying face-down in a circle and shot in the head. Their living quarters had been ransacked and robbed.

The temple murders sparked a massive investigation. A task force of local, state, and federal law enforcement began to pursue leads. Ballistics reports showed that one of the weapons involved was a .22 Marlin rifle, so task force mem- bers were on the lookout for such rifles.

In late August, a security guard on the local Air Force base located a .22 Marlin rifle during a consent search of a car belonging to Rolando Caratachea, a local high school student. Shortly afterward, task force detective Richard Sinsabaugh followed up by asking Caratachea if he could borrow the rifle. Although Detective Sinsabaugh wanted the rifle for ballistics testing to determine if it was the murder weapon, he told Car- atachea that it was suspected of being stolen. Caratachea assured Detective Sinsabaugh the rifle was not stolen, but agreed to let him take it. When he went to Caratachea’s apart- ment to…

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