United States v. Ronald Berry Washington

The district court denied Ronald Berry Washington’s motion to suppress evidence that Reno Police Department (“RPD”) officers obtained during a search of Washing *1063 ton’s residential hotel room. Washington appeals. Washington contends that the officers repeatedly violated his Fourth Amendment rights; that his written consent to search his room was coerced; and that, even if not coerced, the consent itself and the evidence obtained pursuant to the consent were tainted by the officers’ violations of his Fourth Amendment rights. We agree with Washington that the officers repeatedly violated his Fourth Amendment rights and that both Washington’s written consent and the evidence obtained pursuant to it were tainted. Accordingly, as explained in greater detail below, we reverse the district court’s denial of Washington’s motion to suppress.

I. FACTUAL BACKGROUND

On February 25, 2001, RPD officers received a tip that an individual named “Shane” was operating an active methamphetamine laboratory in Room 319 of the Comstock Hotel (the “Comstock”) — a hotel converted into residential apartments— and that occupants of an unidentified room on the fifteenth floor were also involved in…

concurring:

I concur in the result reached by the court.

387 F.3d 1060 UNITED STATES of America, Plaintiff-Appellee, v. Ronald Berry WASHINGTON, Defendant-Appellant. No. 02-10526. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 8, 2003. Filed November 2, 2004. COPYRIGHT MATERIAL OMITTED Cynthia S. Hahn (argued and briefed) and Michael K. Powell (briefed), Assistant Federal Public Defenders, Reno, NV, for the defendant-appellant. Craig Denney, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee. Appeal from the United States District Court for the District of Nevada; Edward C. Reed, District Judge, Presiding. D.C. No. CR-01-00074-ECR. Before: PREGERSON, BEAM, * and PAEZ, Circuit Judges. PREGERSON, Circuit Judge: 1 The district court denied Ronald Berry Washington's motion to suppress evidence that Reno Police Department ("RPD") officers obtained during a search of Washington's residential hotel room. Washington appeals. Washington contends that the officers repeatedly violated his Fourth Amendment rights; that his written consent to search his room was coerced; and that, even if not coerced, the consent itself and the evidence obtained pursuant to the consent were tainted by the officers'…