United States v. Kelvin Lee

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Kelvin LEE, Defendant-Appellee. No. 91-10184. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1992. Decided July 23, 1992. Before BOOCHEVER, REINHARDT and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Kelvin Lee had a pager. He had the pager with him when he and five others were arrested for heroin distribution. The numbers stored in that pager were retrieved pursuant to a search warrant, and Lee moved to suppress the numbers. 3 The district court agreed with Lee that the affidavit filed in support of the warrant did not supply probable cause, that a previously filed affidavit could not lend additional support, that none of the proffered exceptions to the warrant requirement applied, and that Leon's good faith exception for invalid warrants was inapplicable. Accordingly, the district court ordered the numbers suppressed. The government…