United States v. Matthew Lewis Piver

This is an appeal from a judgment of conviction challenging the district court’s refusal to suppress evidence. The defendant argues that state officers obtained a search warrant in violation of the telephonic procedures of Rule 41 of the Federal Rules of Criminal Procedure. The district court found technical violations of Rule 41 but refused to suppress the eiidence. We conclude that Rule 41 does not apply to the warrant issued in this case and that the search here was not otherwise unconstitutional under fourth amendment standards. Accordingly, we affirm.

I.

Matthew Piver was arrested at a motel in Portland, Oregon by city police officers responding to a call by the motel management. The management had become suspicious of Piver when he requested that maid service to his room be discontinued and he was observed moving equipment into his room.

The police officers investigated the premises by walking around the hotel in hopes of detecting odors associated with a methamphetamine laboratory. When no odors were detected, the officers knocked on Pi-ver’s door, identifying themselves as motel management. Piver opened the door and the officers identified themselves as police officers.…