United States v. Byron Franklin Barnum

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Byron Franklin BARNUM, Defendant-Appellant. No. 95-30030. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Dec. 5, 1995. Before: BROWNING, RYMER, T.G. NELSON, Circuit Judges. 1 MEMORANDUM * I. Seizure of the legal files 2 Barnum clearly had a legitimate expectation of privacy in the area in which the legal files were found during the January 23, 1991 search--a canvas bag in the closet of his bedroom--and thus had standing. Martinez v. Nygaard, 831 F.2d 822, 825 (9th Cir.1987). 3 The legal files were not covered by the warrant. The warrant authorized a search for medical records or records and other evidence pertaining to crimes committed at Doctor Sloan's office. See United States v. Washington, 797 F.2d 1461, 1468 (9th Cir.1986) ("[T]he need to strictly limit the scope of the search is particularly acute when ... the…