United States v. Wayne Allard

KARLTON, District Judge.

In United States v. Allard, 600 F.2d 1301 (9th Cir. 1979) (“Allard I”), this Court held that a warrantless entry into defendant’s hotel room violated the Fourth Amendment. The Court remanded the case to the district court to determine “whether the evidence the government seeks to admit was in fact tainted by the illegal entry,” Id. at 1302, in light of the fact that the government subsequently obtained a search warrant that was not on its face based upon any information discovered pursuant to the illegal entry. On remand, the district court found that the government’s…