United States v. Charles Berry

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles BERRY, Defendant-Appellee. No. 93-30324. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 1, 1994. 1 Before: HUG, D.W. NELSON, and FERNANDEZ Circuit Judges. 2 MEMORANDUM ** 3 The United States appeals the district court's order granting the motion to suppress Charles Berry's statement. The government contends that the district court erred by concluding that the statement was the fruit of a prior illegal search and arrest. We have jurisdiction under 18 U.S.C. Sec. 3731 and affirm. 4 We review de novo the suppression of evidence and for clear error the underlying factual findings. United States v. Foppe, 993 F.2d 1444, 1448 (9th Cir.), cert. denied, 114 S.Ct. 615 (1993). 5 * Background 6 On March 19, 1992, California Highway Patrol Officer Masson stopped Berry for speeding. Masson became suspicious and, armed with a tape…