United States v. Dennis George Holland

The Government appeals from the judgment of the district court, granting defendant Dennis George Holland’s motion to suppress evidence obtained pursuant to an investigatory stop by officers of the Coos County, Oregon Sheriff’s Office. The court held that the officers “lacked sufficient specific and articulable facts to create a founded suspicion.” We reverse.

The evidence at the hearing on the motion to suppress, which is not in dispute, indicated that on the evening of January 19, 1974, Sheriff’s Office deputies, pursuant to a search warrant, discovered numerous guns, narcotics paraphernalia, and a batch of methamphetamine in the process of “being cooked” in a small frame house located on a narrow, rutted, dirt road in a rural area near Bandon, Oregon. They also searched for, but did not find, a white male fugitive, described as armed and dangerous and believed to be in the immediate area. An officer was left at the house to investigate and preserve the evidence until morning.

At approximately 1:00 a. m. on January 20, 1974, Deputy Erhardt, in uniform and driving a marked police car, met Detective Kaufman on the dirt road on which the house, then being searched, was…

(dissenting):

I respectfully dissent. The trial judge found that “the officers lacked sufficient specific and articulate facts to create a founded suspicion.” (Emphasis added). Although I might have found differently had I been the trial judge, I may not now substitute my judgment for his and absent a showing of clear error, and I find none, such determination of the trial judge should be conclusive. I would affirm.

510 F.2d 453 UNITED STATES of America, Plaintiff-Appellant, v. Dennis George HOLLAND, Defendant-Appellee. No. 74--2360. United States Court of Appeals, Ninth Circuit. Jan. 24, 1975. Rehearing Denied March 17, 1975. Certiorari Denied June 16, 1975. See 95 S.Ct. 2634 . Sidney I. Lezak, U.S. Atty., Portland, Or., for plaintiff-appellant. Howard R. Lonergan, Portland, Or., for defendant-appellee. Before KOELSCH and CARTER, Circuit Judges, and ZIRPOLI, * District Judge. OPINION JAMES M. CARTER, Circuit Judge. 1 The Government appeals from the judgment of the district court, granting defendant Dennis George Holland's motion to suppress evidence obtained pursuant to an investigatory stop by officers of the Coos County, Oregon Sheriff's Office. The court held that the officers 'lacked sufficient specific and articulable facts to create a founded suspicion.' We reverse. 2 The evidence at the hearing on the motion to suppress, which is not in dispute, indicated that on the evening of January 19, 1974, Sheriff's Office deputies, pursuant to a search warrant, discovered numerous guns, narcotics paraphernalia, and a batch of methamphetamine in the process of 'being cooked' in a small frame…