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U.S. v. YOUNG

No. 07-10541.

573 F.3d 711 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Michael YOUNG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2009.

Attorney(s) appearing for the Case

Allison Marston-Danner, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellant.

Elizabeth M. Falk, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellee.

Opinion by Judge GOODWIN; Dissent by Judge IKUTA.

OPINION

GOODWIN, Circuit Judge:

The Government appeals the district court's suppression of evidence, including a firearm, from Michael Young's hotel room, as fruit of a warrantless search and seizure. After realizing Young had accidentally been given a key to another hotel guest's room, the hotel staff entered Young's room, during his absence from the room, to search for belongings reported missing. The staff uncovered a firearm in a backpack in Young's...

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