United States v. Arlo Wesley Day AKA Christopher Thomas Bader

101 F.3d 706 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arlo Wesley DAY; aka Christopher Thomas Bader Defendant-Appellee. No. 96-30036. United States Court of Appeals, Ninth Circuit. Submitted Oct. 2, 1996. * Decided Nov. 14, 1996. Before: CHOY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Arlo Wesley Day appeals the district court's denial of his pretrial suppression motion following which Day entered a conditional plea to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1)(c). Day claims that he did not give his consent to an Oregon State Policeman and DEA agent to conduct a full search of items in his sleeping compartment on an Amtrack train. 3 Day had been traveling from Los Angeles, California to Seattle, Washington on an Amtrack train. He got off the train at Union Station in Portland, Oregon to make a phone call. On his way back to the train, an Oregon…