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United States v. Bater

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Before Lynch, Chief Judge, Boudin and Stahl, Circuit Judges.

William Bater was convicted of being a felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1), 924(e) (2000), and now appeals. His arguments are that the indictment against him should have been dismissed due to prejudice from delay and that the firearm should itself have been suppressed as the product of an unlawful search. We outline the history briefly, reserving details until the individual claims are discussed.

The rifle that prompted Bater’s indictment was seized by Maine State Police on January 9, 2003, during a visit to Bater’s apartment in North Bridgton, Maine. The police had visited the apartment earlier in the day looking for Bater’s nephew, Nicholas Phillips, whom the police were investigating for several burglaries and an arson. On returning for a second visit, the police secured Bater’s consent to search the apartment for Phillips. The search was conducted by John Hainey, a detective with the Maine State Police.

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