United States v. Salinas

MEMORANDUM *

Defendant Israel Salinas (“Salinas”) appeals the denial of his motion to suppress. Law enforcement officers received a tip that Salinas was staying at the residence of Rosantina Gonzalez. Possessing a valid arrest warrant, the officers knocked on Gonzalez’ front door, and after securing her consent, entered the residence. They arrested Salmas and found within the residence, in plain view, a firearm and drug paraphernalia which Salinas now attempts to suppress.

Salinas argues that the officers illegally entered the curtilage of the residence in execution of the arrest warrant, and *770 that Idaho law expands the curtilage protection afforded by the Fourth Amendment. A theory of suppression not advanced in the district court cannot be raised for the first time on appeal. United States v. Keesee, 358 F.3d 1217, 1220 (9th Cir.2004). Because Salinas failed to raise the state-law curtilage argument before the district court, he may not raise it now.

Additionally, the evidence which Salinas seeks to suppress was not discovered within the curtilage of the residence, but within the residence itself. Salinas’ argument is thus reduced to the following contention: the Fourth…