Terence Philip Ramsden v. United States
Opinion
Opinion
Hall, J.
The Government appeals the district court’s order granting Mr. Ramsden’s motion for the return of illegally seized documents pursuant to Fed.R.Crim.P. 41(e). The district court had jurisdiction under 28 U.S.C. § 1331 . This court has jurisdiction under 28 U.S.C. § 1291 .
FACTUAL BACKGROUND
On July 23,1991, the District Court for the Central District of California issued a provisional arrest warrant for Ramsden at the request of the British government. The warrant was based on the British government’s investigation into charges that Ramsden engaged in fraudulent trading and false accounting in the United Kingdom.
Early on the morning of September 8, 1991, two deputy U.S. marshals went to Ramsden’s hotel room to execute the war rant. Escorted by two hotel security guards and the hotel manager, they went to Rams-den’s room and knocked on the door. When Ramsden answered, the marshals requested that he step out into the hallway, where he was placed under arrest.
Ramsden was allowed to reenter his room in order to change clothes. The marshals escorted Ramsden inside at which point they noticed loose papers on a desk and on the floor surrounding the desk. They also noticed a suitcase…