United States v. Timothy Leon Morris

Morris appeals from his conviction on three counts: for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) (counts I and II), and making a false statement to a United States magistrate, in violation of 18 U.S.C. § 1001 (count III). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

The gun which is the basis of count I was seized after the officer saw it in plain view. It is well-established that in order for a plain view seizure to be valid, “(1) there must be a legitimate prior justification for the officer’s presence, (2) the discovery must be ‘inadvertent,’ and (3) it must be ‘immediately apparent to the police that they have evidence before them.’ ” United States v. Limatoc, 807 F.2d 792, 795 (9th Cir.1987). Here, requirements 2 and 3 are clearly met. As regards requirement 1, the officer’s justification is based upon entry by a search warrant.

Assuming the district court is correct that the search warrant was improperly issued, we agree with the district court that United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677…