United States v. Charles Chaney

FILED

NOT FOR PUBLICATION SEP 10 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-30349

Plaintiff - Appellee, D.C. No. 3:11-cr-00010-HRH-

v.

MEMORANDUM *

CHARLES CHANEY,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding

Submitted August 30, 2012 ** Anchorage, Alaska

Before: HAWKINS, McKEOWN, and BEA, Circuit Judges.

Charles Chaney (“Chaney”) appeals the district court’s denial of his motion

to suppress two recorded interviews with police officers in their car. Chaney

argues that his statements, though voluntary, should have been suppressed under

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the Fourth Amendment exclusionary rule, as the statements were the product of an

illegal police entry into his…