United States v. Loren Adrian Sealey

Loren Sealey pled guilty to possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1). *1030 He appeals the district court’s denial of his motion to suppress evidence from a consent search. 630 F.Supp. 801 . We affirm.

I. FACTS

On June 19, 1985, Fresno County deputy Gary Healy received a dispatch informing him of a domestic dispute with probable use of a firearm at a local residence. Healy proceeded to the house where he was met at the door by appellant Sealey and his wife, Julie Sealey. Julie appeared distraught and upset. Healy removed her to the kitchen where she stated she wanted Sealey arrested. Healy advised Julie that she would have to make a citizen’s arrest. She did so and Sealey was removed from the scene.

After Sealey's removal, Julie told Healy there was a gun in the house, and she was afraid Sealey would harm her with it. Julie directed Healy to the bedroom where she believed the gun was located on top of a dresser. However, Healy did not find it there.

The facts as to what occurred next are disputed; however, the district court found as follows: Healy continued to search the bedroom, where he found a partially opened…

concurring in part and dissenting in part:

I join Judge Anderson’s opinion with one caveat. I see no basis in the record for a finding that the officers were authorized by Julie Sealey to saw the sealed PVC pipes open to search for controlled substances. To consent to a search is one thing; to consent to the destruction of property is quite another. To illustrate, Julie Sealey’s consent to search for drugs was broad enough to authorize the officers to open bureau drawers; it did not, however, authorize them to destroy the bureau to discover the contents of the drawers. In my view, the officers should have obtained her specific consent to saw the PVC pipes open before doing so. Thus I would suppress the evidence of the controlled substances found inside the pipes. I would not, however, suppress the evidence of the controlled substances which the officers found without destroying property.

830 F.2d 1028 UNITED STATES of America, Plaintiff-Appellee, v. Loren Adrian SEALEY, Defendant-Appellant. No. 86-1187. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1987. Decided Oct. 20, 1987. Margaret A. McKnight, Mike A. Karagozian, Fresno, Cal., for defendant-appellant. John K. Vincent, Fresno, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before ANDERSON, NORRIS and LEAVY, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Loren Sealey pled guilty to possession with intent to distribute a controlled substance in violation of 21 U.S.C. Sec. 841 (a)(1). He appeals the district court's denial of his motion to suppress evidence from a consent search. 630 F.Supp. 801 . We affirm. I. FACTS 2 On June 19, 1985, Fresno County deputy Gary Healy received a dispatch informing him of a domestic dispute with probable use of a firearm at a local residence. Healy proceeded to the house where he was met at the door by appellant Sealey and his wife, Julie Sealey. Julie appeared distraught and upset. Healy removed her to the kitchen where she stated she wanted Sealey arrested. Healy advised…