United States v. Nerber

222 F.3d 597 (2000)

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United States v. Nerber

United States Court of Appeals for the Ninth Circuit
222 F.3d 597 (2000)

  • Written by Sharon Feldman, JD

Facts

The Federal Bureau of Investigation and county police rented a hotel room for an undercover operation and installed a hidden video camera in the room without obtaining a warrant. Informants brought Nerber and Betancourt-Rodriguez (defendants) to the hotel room, gave Nerber and Betancourt-Rodriguez a sample of cocaine, and said they would return to deliver more. The law enforcement agents then monitored the activities in the hotel room for three hours. They saw Betancourt and Alvarez (defendants) enter the room and watched Nerber, Betancourt-Rodriguez, Betancourt, and Alvarez close the door, draw the blinds, sample cocaine, and brandish weapons. Nerber, Betancourt-Rodriguez, Betancourt, and Alvarez were arrested soon after they left the hotel. Nerber, Betancourt-Rodriguez, Betancourt, and Alvarez were charged with narcotics offenses, and two of them were charged with possessing a firearm during a narcotics offense. Nerber, Betancourt-Rodriguez, Betancourt, and Alvarez moved to suppress the evidence derived from the video surveillance. The district court suppressed the evidence gathered after the informants left the hotel room. The government (plaintiff) appealed the ruling.

Rule of Law

Issue

Holding and Reasoning (Browning, J.)

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