Hale

United States v. Hale

Good Law
68 F. App'x 809
United States Court of Appeals for the Ninth CircuitJune 17, 2003No. 02-10434; D.C. No. CR-01-00102-HDMCalifornia670 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Luther Adrian Hale appeals his conviction following entry of a condi *810 tional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Hale contends the district court erred in denying his motion to suppress evidence of two firearms found within his possession during a warrantless search of his belongings. We have juris-* diction pursuant to 28 U.S.C. § 1291 . We vacate and remand for further proceedings.

The district court held an evidentiary hearing regarding Hale’s motion to suppress. Officer David Kuzemchak testified at the hearing regarding the circumstances of Hale’s arrest and the subsequent discovery of the firearms. Kuzemchak testified that on March 23, 2001, Hale was walking to his car in a parking lot, when Kuzemchak, who was responding to a citizen complaint, stopped Hale to question him. At that time, Hale provided Kuzemchak with a false name. The stop eventually led to a citizen’s arrest for trespassing.

Having reviewed the record, we conclude that Hale consented to the search of his car, and initially to the search of a bag that was in his trunk. Pursuant to that consent, the bag was opened. Once…

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