Love

United States v. Love

Good Law
57 F. App'x 751
United States Court of Appeals for the Ninth CircuitJanuary 29, 2003No. 02-10054; D.C. No. CR 01-124 MMCCalifornia647 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant William Love appeals from the district court’s denial of his motion to suppress a firearm found in his possession. We review the validity of a warrantless search de novo. United States v. Johnson, 256 F.3d 895, 905 (9th Cir.2001) (en banc) (per curiam).

The district court held an evidentiary hearing regarding Love’s motion to suppress a firearm seized prior to his arrest. Officer Machi, one of the arresting officers, testified at the evidentiary hearing regarding the sequence of events leading to the discovery of the gun. He testified that he asked Love if he could talk to him for a minute. Love stopped walking and dropped a black bag that he was carrying. Officer Machi patted Love down for weapons. While doing so he asked Love if he had a gun. Officer Machi testified that Love replied that he had a gun and that it *752 was in the black bag. A search of the bag revealed a loaded nine-millimeter firearm.

Love contends that the district court erred in adopting Officer Machi’s account of this encounter without permitting Love to testify, in spite of several requests to do so. We agree Love was entitled to present his testimony at the evidentiary…

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