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U.S. v. NERBER

No. 99-30161.

222 F.3d 597 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Alphonso NERBER; Eduardo Alvarez; Alberto Betancourt; Ramon Betancourt-Rodriguez, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2000

Attorney(s) appearing for the Case

Annette L. Hayes, Assistant United States Attorney, Office of the United States Attorney, Seattle, WA, for appellant.

Paula Semmes Deutsch, Assistant Federal Public Defender, Federal Public Defender's Office, Robert Goldsmith, Jon Zulauf, Ken Kanev, Seattle, WA, for appellees.

Before: JAMES R. BROWNING, FLETCHER, and GOULD, Circuit Judges.

Opinion by Judge JAMES R. BROWNING; Dissent by Judge GOULD.

JAMES R. BROWNING, Circuit Judge:

The government appeals an order of the district court suppressing evidence derived from video surveillance of a hotel room. For the reasons stated below, we affirm.

I

On December 24, 1998, defendants Nerber and Betancourt-Rodriguez went to La Quinta Inn in Seattle to conduct a narcotics transaction with...

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