U.S. v. LUONG

No. 05-50090.

470 F.3d 898 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Thai Tung LUONG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2006.


Attorney(s) appearing for the Case

Matthew D. Umhofer, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Stephen G. Frye, Los Angeles, CA, for the defendant-appellee.

Before: B. FLETCHER, FERGUSON, and CALLAHAN, Circuit Judges.


FERGUSON, Circuit Judge:

The government appeals the District Court's order suppressing evidence seized from Appellee Thai Tung Luong's residence and storage locker. The District Court held that the government did not have probable cause to search Luong's residence, and that suppression of the fruits of this search was appropriate because the "good faith" exception to the exclusionary rule did not apply. On appeal, the government concedes the search was not supported...

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