United States v. Dustin Wright Van Horn

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dustin Wright VAN HORN, Defendant-Appellant. No. 95-30027. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Dec. 20, 1995. Before: BROWNING, RYMER, T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Dustin Wright Van Horn appeals the denial of his motion to suppress marijuana plants discovered in a search of his Portland residence. We affirm. I. 3 Van Horn contends Officer Kelly violated his Fourth Amendment rights by moving him through the side yard toward the rear of the house immediately after the arrest. We need not determine whether this movement violated Van Horn's Fourth Amendment rights; nothing in the record suggests the move yielded any evidence. II. 4 Van Horn contends he did not voluntarily allow the officers to walk through his house. He claims Officer Kelly told him they had a warrant for "a suspected marijuana grow…