U.S. v. GORMAN

No. 95-10410.

104 F.3d 272 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Forrest GORMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1996.


Attorney(s) appearing for the Case

Louis A. Bracco and Craig H. Nakamura, Assistant United States Attorneys, District of Hawaii, Honolulu, HI, for plaintiff-appellant.

Loretta A. Faymonville, Assistant Federal Public Defender, Districts of Hawaii and Guam, Honolulu, HI, for defendant-appellee.

Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge.


TROTT, Circuit Judge:

The issue raised in this appeal is whether a search warrant authorizing the search of a residence also authorizes without so stating the search of the residence's curtilage. We hold that it does.

BACKGROUND

Hawaiian law enforcement officers were told by an informant that Forrest Gorman was selling marijuana from inside an old and immobile bus located on Gorman's property. Gorman was using the bus as a residence. In order to...

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