Huebner

United States v. Huebner

Good Law
125 F. App'x 767
United States Court of Appeals for the Ninth CircuitJanuary 28, 2005No. 04-30153; D.C. No. CR-03-00046-DWMCalifornia340 words

Opinion

Lead Opinion

MEMORANDUM **

Huebner appeals the district court’s denial of his motion to suppress evidence seized pursuant to a warrantless search of his trailer. Officers Burt and McDermott mistakenly searched Huebner’s Trailer # 7 in response to a 911 call reporting an overdosing woman at Unit # 7 (a cabin) in the same trailer park.

The officers’ initial search met all three of our requirements for a warrant-less emergency search. See United States v. Cervantes, 219 F.3d 882, 888 (9th Cir.2000). First, the 911 call gave the officers reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance. Second, there is no evidence that the officers’ search was primarily motivated by an intent to seize evidence. Finally, the officers made a reasonable mistake of fact in arriving at Trailer # 7 rather than Cabin #7. Cf. Maryland v. Garrison, 480 U.S. 79 , 107 S.Ct. 1013 , 94 L.Ed.2d 72 (1987) (upholding search of wrong apartment where officers’ mistake of fact was reasonable given the objective facts known to them at the time). They therefore had “some reasonable ba *769 sis, approximating probable cause, to associate the emergency with the area or place to…

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