Steitiye

United States v. Steitiye

Good Law
73 F. App'x 908
United States Court of Appeals for the Ninth CircuitAugust 4, 2003No. 02-30296, 02-30309; D.C. No. CR-01-00396-BR, CR-02-00006-AJBCalifornia744 words

Opinion

Lead Opinion

*910 MEMORANDUM *

Steitiye appeals the denial of his motion to suppress evidence. He contends that: (1) as a result of an alleged due process violation arising from single-photo array (mis)identifications, there was no probable cause to support the search warrant that led to the contested seizures; and (2) the search warrant was overbroad.

1. We need not decide whether Steitiye is correct about the alleged due process violation. Even discounting the parts of the affidavit supporting the search warrant that depend on information later found to be false, the district court was correct in holding that a warrant properly would have issued nonetheless. 1 This conclusion is dispositive regardless of whether the affiant’s misstatements are analyzed using the framework of Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), see also United States v. Hammett, 236 F.3d 1054, 1058 (9th Cir.2001), or pursuant to the independent source doctrine. See United States v. Beardslee, 197 F.3d 378, 386 (9th Cir.1999) (“The independent source doctrine allows the use of evidence that was improperly obtained, if that evidence ultimately or inevitably would have been discovered by…

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