United States v. Lance Ramel Johnson

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel UNITED STATES of America,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. Lance Ramel JOHNSON, Defendant-Appellee. No. 94-30105. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided Feb. 28, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals the district court's order granting Lance Ramel Johnson's motion to suppress evidence. The government contends that the district court erred in granting the motion because: (1) the warrantless search was a lawful probation search and the evidence seized was admissible against Johnson as well as the probationer; and (2) the district court failed to conduct an evidentiary hearing to resolve a material factual dispute. We have jurisdiction pursuant to 18 U.S.C. Sec. 3731 , United States v. Chen, 979 F.2d 714 , 715 (9th Cir.1992), and vacate and remand. 3 Johnson challenged evidence seized in connection with the arrest of…