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U.S. v. HUGGINS

Nos. 01-30065, 01-30110, 01-30111, 01-30112.

299 F.3d 1039 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Steven G. HUGGINS; Vicki Jo Jensen; Dahcota Whip Hagen; Rhonda Taylor, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.

Attorney(s) appearing for the Case

Shaun S. McCrea, McCrea, P.C., Eugene, OR, argued the cause and filed briefs for appellant Huggins.

Marc A. Spence, Spence & Sabitt, LLP, Eugene, OR, filed a brief for appellant Jensen.

Craig E. Weinerman, Assistant Federal Public Defender, Eugene, OR, argued the cause and filed briefs for appellant Hagen.

David M. Michael, Law Offices of David M. Michael, San Francisco, CA, filed a brief for appellant Taylor.

Jeffrey J. Kent, Assistant United States Attorney, Eugene, OR, argued the cause for appellee United States of America. Michael W. Mosman, United States Attorney, was on the brief.

Before: B. FLETCHER, O'SCANNLAIN, and BERZON, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge BETTY B. FLETCHER.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the Fourth Amendment compels the suppression of the results of a series of searches set in motion by an application to scan a private residence and its outbuildings with a thermal imaging device.

I

In October 1998, DEA special agent Ronald Wright and IRS special agent Kurt Charlton interviewed a prisoner...

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