United States v. Bruce T. Gottschalk

STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals the district court’s ruling granting a motion to suppress evidence seized from Bruce Gott-schalk’s vehicle during the execution of a valid search warrant. The district court suppressed the evidence because the car, which was parked within the curtilage of the premises described in the warrant, did not belong to and was not actually controlled by the owner of the premises at the time of the search. Because we hold that actual control of the automobile was not the proper test, we reverse.

BACKGROUND

Based on an affidavit enumerating the…