Villalba

MEMORANDUM ***

Defendant appeals his conviction on drug charges and argues that the district court erred in denying his motion to suppress drugs and other evidence discovered by police when they executed a search warrant at his residence. We affirm.

Rule 41 of the Federal Rules of Criminal Procedure applies only to searches that are “federal in character.” United States v. Martinez-Garcia, 397 F.3d 1205, 1213 (9th Cir.2005). Because the local police officers conducted the search in this case as part of a federal narcotics task force, their conduct is governed by the Rule. Violations of Rule 41(d) require suppression only if there was a “deliberate disregard of the rule or if the defendant was prejudiced.” United States v. Gantt, 194 F.3d 987, 1005 (9th Cir.1999). Where the agent executing the warrant is unaware of the Rule but acts in good faith in executing what he or she believes to be the Rule, he or she has not acted in deliberate disregard of it; thus suppression is not appropriate, assuming that the officer’s actions result in no prejudice to the defendant and that the error does not rise to the level of a constitutional violation. United States v. Williamson, 439 F.3d…

concurring:

I concur in the result.