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U.S. v. SCOTT

No. 04-10090.

424 F.3d 888 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond Lee SCOTT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2005.

Attorney(s) appearing for the Case

Paul L. Pugliese, Assistant United States Attorney, Reno, NV, for the plaintiff-appellant.

Michael K. Powell and Cynthia S. Hahn, Reno, NV, for the defendant-appellee.

Before ALEX KOZINSKI, WILLIAM A. FLETCHER and JAY S. BYBEE, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider whether police may conduct a search based on less than probable cause of an individual released while awaiting trial. This issue is one of first impression in our circuit. Somewhat surprisingly, it is an issue of first impression in any federal circuit and the vast majority of state courts.1 A lack of binding precedent does not, of course, excuse us from deciding a difficult issue when, as here, it...

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