U.S. v. HECTOR

Nos. 05-50270, 05-50404.

474 F.3d 1150 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Albert Lamont HECTOR, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Albert Lamont Hector, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2007.


Attorney(s) appearing for the Case

Debra Wong Yang, Thomas P. O'Brien, and Fred A. Rowley, Jr., U.S. Attys., Erik M. Silber, Asst. U.S. Attorney, Los Angeles, CA, for the plaintiff-appellant.

Dean R. Gits and Davina T. Chen, Fed. Public Defenders, Los Angeles, CA, for the defendant-appellee.

Before CYNTHIA HOLCOMB HALL, M. MARGARET McKEOWN, and KIM McLANE WARDLAW, Circuit Judges.


McKEOWN, Circuit Judge.

Unlike many Fourth Amendment cases, here no one disputes that there was a valid search warrant issued by a state court judge on a showing of probable cause. Instead, the challenge is focused on whether there is a constitutional right under the Fourth Amendment to be presented with a copy of the search warrant at the time of the search, whether a defendant's probationary status affects this analysis, and whether the claimed constitutional violation...

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