Culkin

United States v. Culkin

Good Law
177 F. App'x 675
United States Court of Appeals for the Ninth CircuitApril 19, 2006No. 05-30228California668 words

Opinion

lead Opinion

MEMORANDUM *

Mark Alan Culkin appeals his conviction and sentence for manufacturing controlled substances, in violation of 21 U.S.C. § 841 (a)(1), and maintaining a premises for the purpose of manufacturing or using controlled substances, in violation of 21 U.S.C. § 856 (a)(1) & (2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Culkin claims the district court should have suppressed as “fruit of the *676 poisonous tree” evidence recovered during the execution of a search warrant for his house. He argues that the police never would have procured the warrant had they not (1) unconstitutionally searched teepees on his property, found no sign of any struggle there, and decided to investigate the area around his house; and (2) entered his house, without a warrant, to perform a protective sweep. We disagree. 1

We need not decide whether the warrantless search of Culkin’s teepees was unconstitutional. Culkin concedes, as he must, that it was lawful for the police to investigate the area around his teepees. Had the police officers never looked inside the teepees, they would inevitably have investigated the area around his house based on information gained…

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