Lugiai

United States v. Lugiai

Good Law
89 F. App'x 123
United States Court of Appeals for the Ninth CircuitMarch 1, 2004No. 03-10057; D.C. No. CR-02-0260-PMPCalifornia485 words

Opinion

Lead Opinion

MEMORANDUM *

Lugiai appeals (1) the denial of his motion to suppress the fruits of the warrantless seizure and subsequent consensual search of his residence; and (2) the application of the obstruction of justice enhancement set out in § 3C1.1 of the Sentencing Guidelines. Exercising our jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1), we affirm.

I

We review de novo the lawfulness of warrantless seizures. See United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002). The district court’s underlying findings of fact are reviewed for clear error. See United States v. VonWillie, 59 F.3d 922, 925 (9th Cir.1995).

In light of the district court’s findings, which are not clearly erroneous, U.S. marshals had probable cause to believe that the Lugiai residence contained illegal contraband or evidence of crime. The marshals also reasonably concluded that allowing Ms. Lugiai to enter the house before they could obtain a search warrant — a process that was underway but not completed — would have given her the opportunity to “improperly frustrat[e] legitimate law enforcement efforts” by destroying, altering, or secreting the contraband. Bailey v. Newland, 263 F.3d 1022,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.