Aguila

MEMORANDUM *

Felix Aguila pled guilty to possession with intent to distribute marijuana in violation of 21 U.S.C. § 846 and conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a). Aguila contends that the warrantless search of his home violated the Fourth Amendment, and we agree.

I

Agents Francisco Villafane and Oliver Lashley conducted an unreasonable search when they peered into the window of Aguila’s home after Officers Cray and Cantu had already made contact with Aguila outside his residence and begun to question him. In circling the house, Villafane and Lashley were not attempting to contact the occupants of the house for questioning. See United States v. Hammett, 236 F.3d 1054, 1060 (9th Cir.2001); United States v. Garcia, 997 F.2d 1273, 1279 (9th Cir.1993).

Nor does the record indicate that they peered into Aguila’s window for purposes of officer safety. Before Villafane looked in the window, he had ascertained that “no one was under any imminent threat” and had put his gun back in his holster. Similarly, Lashley had reslung his M-16 in a downward position and was no longer holding it when he looked in Aguila’s window with his…