United States v. Monte D. Wixom

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Monte D. WIXOM; Defendant-Appellant. No. 93-30160. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1994. * Decided May 26, 1994. Before: WRIGHT, SCHROEDER and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Monte Wixom made a conditional guilty plea. He appeals the denial of his motion to suppress evidence. We affirm. 3 An airline employee at the Ontario, California airport searched Wixom's checked luggage. Airport police observed the search and called police at Sea-Tac Airport, Wixom's destination. There, a dog alerted to the bag. Police arrested Wixom, found drugs on him and obtained a search warrant for the bag. It had 600 grams of methamphetamine. The district court held that the Ontario search was a private one outside the Fourth Amendment and that the affidavit for search warrant established probable cause. 4 We review de novo the denial of a…