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MORGAN v. U.S.

No. 01-55471.

323 F.3d 776 (2003)

Greg Allan MORGAN, Plaintiff-Appellant, v. UNITED STATES of America; William Cohen, Former Secretary of Defense; United States Air Force; Richard Reynolds, General; Edward De Iulio, Colonel; Neil Rader, Colonel; C. Eric Broughton, Master Sergeant; Kenneth Erichsen, Master Sergeant; Eric Goodson, Airman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2003.

Attorney(s) appearing for the Case

Melbourne B. Weddle and Sue Ann Howard, Law Offices of Melbourne B. Weddle, Santa Barbara, CA, for the appellant.

Leon W. Weidman, John E. Nordin II, and Sara R. Robinson, United States Attorney's Office, for the appellee.

Before T.G. NELSON, PAEZ, and TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge.

As a matter of first impression in this Circuit, we must decide when a search conducted at the entry gate to a military base is reasonable. Because such installations often warn of the possibility of search as a condition to entry, a warrantless search of a person seeking to enter a military base may be deemed reasonable based on the implied consent of the person searched. We remand to the district court to allow the development...

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