Cagle

United States v. Cagle

Good Law
47 F. App'x 807
United States Court of Appeals for the Ninth CircuitSeptember 12, 2002No. 01-30376; D.C. No. CR-01-30008-ALACalifornia576 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Duane Lewis Cagle entered a conditional guilty plea to Possession of Methamphetamine With Intent to Distribute, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B)(viii). Defendant reserved the right to appeal, and now does appeal, the district court’s denial of his motion to suppress. On de novo review, we affirm.

Defendant argues that the warrantless search of the Halls bag and its contents was improper under Oregon law. He argues that the search was illegal because the Medford Police Department’s inventory search policy directed officers to open closed containers that were not primarily intended to be used to store valuables, in violation of State v. Johnson, 153 Or.App. 535 , 958 P.2d 887, 890 (Or.Ct.App.1998) (en banc). Because federal law in this circuit requires that inventory searches by state officials be conducted in accordance with state law, United States v. Wanless, 882 F.2d 1459, 1464 (9th Cir.1989), he reasons, his motion to suppress the methamphetamine should have been granted. In the circumstances of this case, that argument is unavailing.

Defendant does not argue on appeal that the stop was invalid. He does not argue on appeal that the…

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