United States v. Matthew Arnold Patzer

Good Law
2002 Daily Journal DAR 467·277 F.3d 1080·2002 WL 46778·2002 Cal. Daily Op. Serv. 336·2002 U.S. App. LEXIS 550
United States Court of Appeals for the Ninth CircuitJanuary 14, 200200-30360California2,538 words

Opinion

Opinion

Reavley, J.

Matthew Patzer was convicted of five counts of being an unlawful user of a controlled substance in possession of a firearm ( 18 U.S.C. § 922 (g)); three counts of unlawful manufacture of a firearm ( 26 U.S.C. § 5861 (f)); three counts of possession of an unregistered firearm ( 26 U.S.C. § 5861 (d)); and one count of possession of a firearm not identified by a serial number ( 26 U.S.C. § 5861 (i)). He appeals the district court’s denial of his Motion to Suppress. We agree that Patzer’s arrest was not lawful, and that the unlawful arrest tainted the statements and other evidence obtained subsequent to his arrest. We REVERSE and REMAND.

I. Background,

During the early morning of September 26, 1998, Matthew Patzer was driving a Chevrolet Blazer in the city of New Plymouth, Idaho, with a passenger in the front seat. New Plymouth Police Officer Tom Patterson pulled over the Blazer when he noticed that one of the taillights was out. When the officer approached the vehicle he saw two .22-caliber rifles in the backseat of the car, although, he later testified, he was not much concerned about the weapons because “in Idaho everyone has a gun.”

Officer Patterson was concerned, however,…

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