United States v. David Todhunter
Opinion
Opinion
Tallman, J.
We must decide whether a sailboat was lawfully boarded in Lahaina Harbor by officers from three different agencies and whether its owner consented to a search of his vessel.
David Todhunter was convicted of (1) possession of marijuana in violation of 21 U.S.C. § 844 (a); (2) being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1); and (3) being a convicted felon in possession of ammunition in violation of 18 U.S.C. § 922 (g)(1). The district court denied his motion to suppress evidence seized from the S/V GANDALF. We hold that the district court correctly denied the motion to suppress and affirm his conviction.
I
The district court conducted a two-day suppression hearing. The court found that on June 25, 1995, an anonymous caller telephoned both the United States Coast Guard and the Maui County Police Department. The caller stated that (1) he was taking his friend who had overdosed to a local hospital; (2) individuals on board the sailboat GANDALF moored in Lahaina Harbor were partying and taking drugs; and (3) the vessel’s owner, Todhunter, had a weapon and an outstanding warrant for his arrest.