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U.S. v. PENN

No. 00-30033.

233 F.3d 1111 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Kyllo Kendall PENN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2000.

Attorney(s) appearing for the Case

Jonathan L. Marcus, Department of Justice, Criminal Division, Washington, D.C., for the plaintiff-appellant.

Thomas K. Coan, Portland, Oregon, for the defendant-appellee.

Before: ROBERT R. BEEZER, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.

Argued and Submitted November 14, 2000 — Portland, Oregon

RYMER, Circuit Judge:

This appeal involves an inventory search of the contents of a vehicle that was being driven by Kyllo Penn without proof of insurance and that, pursuant to Portland municipal law and police department policy, had to be impounded. The Portland Police Bureau officer who conducted the search did so without telling Penn that he could...

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