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U.S. v. HARPER

Nos. 89-10515, 89-10516.

928 F.2d 894 (1991)

UNITED STATES of America, Plaintiff-Appellee. v. David L. HARPER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Adrian A. HARPER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1991.

Attorney(s) appearing for the Case

Thomas M. Kummerow, Clay & Hall, Oakland, Cal., for defendant-appellant Adrian Harper.

Arthur Pirelli, San Francisco, Cal., for defendant-appellant David Harper.

John J. Jordan, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ALARCON, BRUNETTI and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

There's a simple way for the police to avoid many complex search and seizure problems: Get a search warrant. Had they obtained a search warrant in this case — as they could well have — there would have been no motion to suppress, no hearing, no objection at trial and no thorny issues for us to resolve on appeal. But they didn't. So once again we consume a few pages of the Federal Reporter analyzing the circumstances under which...

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