U.S. v. WARD

No. 08-50114.

561 F.3d 414 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Dan Larry WARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 2009.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba (argued), San Antonio, TX, for U.S.

Evers Jason Leach (argued), Law Offices of E. Jason Leach, Odessa, TX, for Ward.

Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Shortly after he received a 10-year federal sentence on a felon in possession charge, state authorities mistakenly released federal prisoner Dan Ward, who exploited the situation by absconding. This case presents the question of whether Ward enjoyed a Fourth Amendment right to privacy that was violated by a warrantless search of his motel room.

I

Federal marshals learned that Ward had contacted his mother after...

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