United States v. James Frederick Johnson

Good Law
91 Daily Journal DAR 7671·936 F.2d 1082·1991 WL 111420·1991 U.S. App. LEXIS 13180·91 Cal. Daily Op. Serv. 5016
United States Court of Appeals for the Ninth CircuitJune 27, 199190-30287California887 words

Opinion

Opinion

We consider whether the district court erred in denying Johnson’s motion to suppress evidence seized from the locked trunk of his car during an inventory search. We reverse.

BACKGROUND

While Johnson was driving his car in Ellensburg, Washington, he was stopped for traffic infractions. He assaulted a police officer and fled the scene on foot, leaving his car parked in front of a motel. He was arrested later and taken into custody. At the station, the police told him that officers would not impound his car if he would sign an agreement holding the city harmless from any damage or liability that might result from leaving it on the street. He refused, and the police impounded the car. An inventory search revealed a sawed-off shotgun in the locked trunk, which the officers opened with the keys left in the car.

Johnson was charged with being a felon in possession of a firearm and possession of an unregistered firearm. He moved to suppress the evidence seized from the trunk. After the court denied his motion, he pleaded guilty conditionally to possessing a sawed-off shotgun and was sentenced to 37 months imprisonment. He appeals the denial of his motion.

DISCUSSION

We review de novo…

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