United States v. Sean Randall Wilson

Wilson entered a plea of guilty to a charge of manufacturing methamphetamine, reserving the right to appeal the court’s denial of his motion to suppress evidence. Wilson was then convicted of manufacturing methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Wilson contends that the district court erred in admitting evidence obtained following a warrant-less search of his residence. We hold that the search was lawful and affirm Wilson’s conviction.

STANDARD OF REVIEW

This court will uphold the district court’s findings of fact at a suppression hearing unless they are clearly erroneous. United States v. Feldman, 788 F.2d 544, 550 (9th Cir.1986), cert. denied, 479 U.S. 1067 , 107 S.Ct. 955 , 93 L.Ed.2d 1003 (1987). The ultimate issue of whether exigent circumstances justify a warrantless entry and/or search is resolved under the de novo standard. United States v. Echegoyen, 799 F.2d 1271, 1277-78 (9th Cir.1986).

DISCUSSION

Wilson contends that the warrantless search of his residence was unlawful and that the evidence seized from the residence should therefore have been suppressed. A warrantless search is per se illegal unless it falls within an exception to the fourth…