United States v. John Doe Hunter

26 F.3d 134 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Doe HUNTER, Defendant-Appellee. No. 94-30010. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1994. * Decided June 9, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 The district court granted defendant John Doe Hunter's motion for a new trial following his conviction for possessing crack cocaine with the intent to distribute it. 21 U.S.C. Sec. 841 (a)(1). 1 We have jurisdiction of the government's appeal under 18 U.S.C. Sec. 3731 . We affirm. I. FACTS 3 Spokane County Police SWAT team officers arrested Hunter during a warrant search of a suspected drug dealer's home. 2 He was strip-searched by SWAT team leader Allen Quist. Quist found $460 in cash and a small bag of marijuana in an inside pocket of Hunter's baseball-type jacket. He was also searched by Officer Saunders, the veteran patrolman who transported him…