Segal

United States v. Segal

Good Law
216 F. App'x 650
United States Court of Appeals for the Ninth CircuitJanuary 3, 2007No. 05-10658California409 words

Opinion

Lead Opinion

MEMORANDUM *

The Defense argues that Segal never gave valid consent for ATF agents to search the storage facility, as he was effectively forced to consent in order to win pre-trial release. Under United States v. Scott, consent under these circumstances may support a warrantless search if the search is also “reasonable.” Scott, 450 F.3d 863, 868 (9th Cir.2006).

The search was reasonable, as it was supported by probable cause. The ATF agents knew (based on testimony before the Massachusetts magistrate judge) that Segal had transferred a number of firearms to the Arizona storage facility at some unspecified time after he became a felon in 1992. This created probable cause that Segal had either possessed or transported these firearms after he had become a felon, in violation of 18 U.S.C. § 922 (g)(1). The existence of probable cause, combined with Segal’s consent, means that there are no grounds to suppress the weapons and explosives found in the search.

The Defense argues that the Government’s failure to timely disclose exculpatory evidence was outrageous conduct that required dismissal of the indictment on due process grounds or under the district court’s supervisory powers.

To…

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