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U.S. v. WAHCHUMWAH

No. 11-30101.

704 F.3d 606 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky S. WAHCHUMWAH, aka Ricky Sam Wahchumwah, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2012.

Attorney(s) appearing for the Case

Robert M. Seines , Liberty Lake, WA, for Defendant-Appellant.

Michael C. Ormsby , United States Attorney, and Timothy J. Ohms , Assistant United States Attorney (argued), United States Attorney's Office for the Eastern District of Washington, Spokane, WA; Katherine Wade Hazard , Environmental and Natural Resources Division, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Hanni M. Fakhoury , Amicus Curiae, Electronic Frontier Foundation, San Francisco, CA.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant Ricky Wahchumwah appeals his jury conviction for offenses relating to the sale of eagle parts. He contends that his Fourth Amendment rights were violated when an undercover agent used a concealed audio-video device to record an illegal transaction Wahchumwah conducted in his home. We reject this argument because the Fourth Amendment's protection does not extend to information that a person voluntarily...

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