9th Circuit’s Search & Seizure Outline

Call me a masochist.  I read this stuff before bed . . .


. . . and it’s actually interesting.

This outline is AMMUNITION for pretrial motion practice.  If you, a potential defendant, were held in custody by police, arrested, questioned, and/or your property (house & car) were searched; then your attorney should argue pretrial motions to suppress.  Pretrial motion practice protects your individual rights while providing the primary defense for your case.  Any attorney worth their salt should argue pretrial motions on your behalf.

The federal public defenders in Oregon drafted the outline.  They appear before the U.S Court of Appeals for the 9th Circuit.  This court carries appellate over many federal district courts along the west coast; Washington included.

The outline was updated from two years ago.  Among the many new cases, the big news from the Supreme Court is the decision in Gant overruling prior decisions that had divorced the scope of vehicle searches incident to arrest from the rationale of officer safety. The Ninth Circuit provided important guidance on computer searches in the en banc decision in Comprehensive Drug Testing. Two district court cases from last summer provide a reminder of the practical importance of motion practice for our clients: Judge Jones and Judge Haggerty granted motions to suppress in Freeman and Izguerra-Robles, litigated by AFPDs Ellen Pitcher and Nancy Bergeson, respectively.

Again, great bedtime reading.  A “must have” for attorneys arguing pretrial motions.