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U.S. v. MURPHY

No. 06-30582.

516 F.3d 1117 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Wayne MURPHY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2008.

Attorney(s) appearing for the Case

Vance M. Waliser, Medford, OR, for the defendant-appellant.

Karin J. Immergut, United States Attorney, District of Oregon, Judith R. Harper, Special Assistant United States Attorney, Medford, OR, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

REINHARDT, Circuit Judge:

Defendant Murphy appeals the district court's denial of his motion to suppress evidence seized as a result of two searches. We conclude that one search was lawful and one was not. The first search, a protective sweep of storage units following Murphy's arrest, was justified by the officer's legitimate concern about the potential presence of confederates in the area. We conclude that the district court's ruling as to this search was correct...

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