Lewis
United States v. Lewis
Opinion
Lead Opinion
MEMORANDUM ***
1. The narcotics the police discovered in Lewis’s apartment while serving an arrest warrant on an unrelated indictment were attenuated from the illegal firearm seizure that formed the basis for that indictment, and were therefore admissible. The district court properly identified the relevant inquiry as whether the initial seizure “tend[ed] significantly to direct the investigation toward the specific evidence sought to be suppressed.” United States v. Smith, 155 F.3d 1051, 1061 (9th Cir.1998) (internal quotation marks and emphasis omitted). Although there was a causal link between the initial illegality and the discovery of the contraband, the officers did not exploit the illegal seizure to uncover evidence of a drug crime, and the seizure did not lead the officers directly to the narcotics in Lewis’s bedroom. Moreover, the discovery of the contraband was separated from the firearm seizure by three months, was preceded by the issuance of a valid indictment, and occurred by chance while serving an arrest warrant on that indictment. See United States v. She phard, 21 F.3d 933, 939-40 (9th Cir.1994). Because discovery of the narcotics was not tainted by the initial…