U.S. Court of Appeals for the Ninth Circuit in San Francisco. Photo: Jason Doiy/ALM 9th Circuit Says a Consent-Based Search Was 'Unlawful' in Partial Reversal
The panel partially reversed the U.S. District Court for the Central District of California's denial of defendant Brett Wayne Parkins' motion to suppress a search of his apartment when officers from the Huntington Police Department questioned him for aiming a laser pointer at an aircraft.
February 16, 2024 at 10:48 AM
4 minute read
What You Need to Know
- A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit partially reversed Brett Wayne Parkins' motion to suppress after determining the search was unlawful.
- Parkins' motion to suppress his statements made before and after his arrest was denied due to probable cause.
- Parkins entered a conditional guilty plea to aiming a laser pointer at an aircraft after the denial of his suppression motions in district court.
Despite a co-tenant approving a warrantless police search, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit said the search was unlawful and violated a Huntington Beach man's Fourth Amendment rights.
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