Webster B. Todd, Jr. v. National Transportation Safety Board Federal Aviation Administration

103 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Webster B. TODD, Jr., Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; Federal Aviation Administration, Respondents. No. 95-70699. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1996. Decided Dec. 05, 1996. Before: FLETCHER, FARRIS, and TASHIMA, Circuit Judges. 1 MEMORANDUM * 2 We need not reach the question of whether the exclusionary rule applies in this civil context. Assuming (without deciding whether there was a basis for the allegation of illegal search) that there was an illegal search, Todd's identity as the pilot of the offending aircraft was established beyond a doubt by a source independent of the allegedly illegal search. Eyewitnesses initially identified Todd as the pilot. Todd also acknowledged flying the plane on one of the dates at issue before a complaint had even been filed with the Bureau of Land Management. He also acknowledged piloting the plane on both days…