U.S. v. DIAZ

No. 06-30029.

491 F.3d 1074 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Ray DIAZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2007.


Attorney(s) appearing for the Case

Nicolas V. Vieth, Federal Defenders of Eastern Washington and Idaho, Pocatello, ID, for the appellant.

Thomas E. Moss, United States Attorney; Alan G. Burrow, Assistant United States Attorney (briefed and argued), Boise, ID, for the appellee.

Before: JEROME FARRIS, RICHARD R. CLIFTON, and CARLOS T. BEA, Circuit Judges.


CLIFTON, Circuit Judge:

Government agents had a valid warrant to arrest Ronald Ray Diaz. They went to his house to arrest him, thinking he was home one weekday afternoon, as he had been in the past. When he didn't respond they broke through the door and entered the house on their own, but Diaz wasn't there and neither was anybody else. Inside the house, the agents discovered incriminating evidence. That evidence became the subject of a motion to suppress, denied by...

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