U.S. v. JONES

No. 01-10352.

286 F.3d 1146 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Zula JONES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2002.


Attorney(s) appearing for the Case

J. Douglas Wilson, Assistant United States Attorney, San Francisco, CA, for the appellant.

John W. Keker and Steven A. Hirsch, Keker & Van Nest, San Francisco, CA, for the appellee.

Before SNEED, BRUNETTI and T.G. NELSON, Circuit Judges.


OPINION

BRUNETTI, Circuit Judge.

In this appeal, we consider whether the government's efforts to ensure compliance with a forthwith subpoena fall under the O'Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987), exception to the warrant requirement. We conclude that the search does not fall within the O'Connor exception and that the government's efforts gave rise to an illegal search.

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