Packer

United States v. Packer

Good Law
200 F. App'x 685
United States Court of Appeals for the Ninth CircuitAugust 31, 2006No. 05-30520California597 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher M. Packer appeals his conviction and sentence for felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the district court’s judgment.

Packer argues that the district court erred by denying his motion to suppress the shotgun found in the trunk of his car. We agree with the district court that probable cause existed to search the trunk based on Corporal Jones’s investigation. See United States v. Diaz-Rosas, 13 F.3d 1305, 1307 (9th Cir.1994) (upholding warrantless search of trunk for contraband *686 based on probable cause); United States v. Koshnevis, 979 F.2d 691, 695 (9th Cir.1992) (same); see also United States v. Hensley, 469 U.S. 221, 230-31 , 105 S.Ct. 675 , 83 L.Ed.2d 604 (1985) (explaining that investigating officer’s probable cause determination is attributed to officers apprehending a suspect).

Packer also argues that the search violated his rights under the Washington Constitution because Washington does not recognize the automobile exception to the warrant requirement, and that his Fifth Amendment substantive due process rights were violated by the district…

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