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U.S. v. HOTAL

No. 97-10302.

143 F.3d 1223 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John David HOTAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1998.

Attorney(s) appearing for the Case

Arthur L. Allen, Asst. Federal Public Defender, Las Vegas, Nevada, for defendant-appellant.

M. Craig Wolf, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: CHOY and REINHARDT, Circuit Judges, and RESTANI, U.S. Court of International Trade Judge.

REINHARDT, Circuit Judge:

This case involves the question whether an anticipatory search warrant that may be executed only after certain conditions are met but that fails to specify the conditions in the warrant violates the Fourth Amendment. John David Hotal was convicted of two counts of receiving and possessing child pornography. He appeals his conviction, contending, inter alia, that the district court erred by not suppressing evidence that the government obtained...

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