United States v. Jeffrey Jenkins

Good Law
91 Daily Journal DAR 8107·938 F.2d 934·1991 WL 117425·1991 U.S. App. LEXIS 14036·91 Cal. Daily Op. Serv. 5322
United States Court of Appeals for the Ninth CircuitJuly 5, 199189-50248California4,311 words

Opinion

Opinion

Boochever, J.

Jeffrey Jenkins was found guilty of possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861 (d). He appeals, arguing that the district court erred in finding his post-arrest confessions voluntary, admitting certain evidence, and failing to give a particular jury instruction. Because we conclude that the district court erroneously admitted Jenkins’s coerced confessions, we reverse without reaching the other issues raised on appeal.

I. FACTUAL BACKGROUND

A Seattle narcotics task force was investigating Los Angeles gang members who sold narcotics in Seattle. Jenkins’s brother, Derrick Hargress, was indicted in Seattle on narcotics and firearms charges. Seattle task force members obtained a warrant to search Jenkins and Hargress’s residence in Inglewood for trafficking ledgers, firearms, narcotics, and cash.

On May 11, 1988, at 8:30 p.m., federal agents and local police officers went to Jenkins’s home to execute the warrant. The government contends that, upon approaching Jenkins who was outside the front of the house, the police identified themselves, specifically yelling, “Stop, police!” and “Freeze!” Nonetheless, Jenkins ran through a back door into the…

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