United States v. Joseph W. Shiver

Good Law
980 F.2d 740·1992 WL 364557·1992 U.S. App. LEXIS 35501
United States Court of Appeals for the Ninth CircuitDecember 10, 199291-50675California513 words

Opinion

Opinion

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Joseph W. SHIVER, Defendant-Appellant. No. 91-50675. United States Court of Appeals, Ninth Circuit. Submitted Dec. 7, 1992. * Decided Dec. 10, 1992. Before CANBY, BOOCHEVER and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Joseph Shiver appeals his convictions upon his conditional guilty plea to possession of unregistered firearms, 26 U.S.C. § 5861 (d), possession of firearms not identified by serial number, id. § 5861(i), and possession of firearms subject to forfeiture, id. § 5872. Shiver argues that firearms seized from a warranted search of his storage locker should have been suppressed because police learned of his locker number only by conducting a warrantless and illegal search of his home. Shiver also contends that no probable cause existed to search the locker because an officer's affidavit failed to establish the reliability and…

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