U.S. v. OJEDA

No. 01-10020.

276 F.3d 486 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Steven Peter OJEDA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2002.


Attorney(s) appearing for the Case

Barbara J. Valliere, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellant.

Nina Wilder, Weinberg & Wilder, San Francisco, California, for the defendant-appellee.

Before: RONEY, HUG, and THOMAS, Circuit Judges.


PER CURIAM:

In this criminal prosecution for drugs, the government appeals the suppression of evidence of a methamphetamine laboratory seized from a warrantless search of a garage on residential property. We hold that the search was lawful under the exigent circumstances exception to the fourth amendment's warrant requirement and REVERSE.

The police believed that methamphetamine production was occurring at defendant-appellee Steven Peter Ojeda's residential...

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