Thursday, April 29, 2010

U.S. v. Franklin, No. 09-30041 (4-29-10) (Clifton with Kleinfeld and Alarcon). The 9th affirms denial of a motion to suppress. The defendant absconded from state probation. The probation officer heard through a CI that defendant was in a motel, with weapons. The CI had proven trustworthy in the past. The probation officer got a police officer to verify that the defendant had indeed checked in. The probation and officers knocked on the door, the defendant answered, was arrested, and the room searched. A weapon was found. The 9th had no trouble finding probable cause for the warrant to search. The defendant had taken up residence in the motel room, and there were sufficient facts to get a warrant.
Moor v. Palmer, No. 07-16045 (4-29-30) (Wallace joined by Hug and Clifton). The petitioner was convicted of a sexual offense. He got paroled, was revoked, and then denied parole again. The 9th held that this was not double jeopardy. The petitioner also challenged the requirement that he pass a psychological screening for parole. This requirement was passed by the state legislature after his conviction. The 9th held that the state supreme court finding that this was not ex post facto and was not unreasonable, and so affirmed the petition's denial.


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