United States v. Gary Lewis Gallop

GOODWIN, Circuit Judge:

The government appeals an order suppressing certain stolen money orders upon the motion of Gary Lewis Gallop. After an earlier remand from this court, the district court held a hearing and found that Gallop had reasonably appeared to police officers to be “incapacitated by alcohol” within the meaning of Wash.Rev.Code Ann. § 70.-96A.120(2), and thus was properly detained under that noncriminal, protective custody statute. 1 The only remaining issues arise from the search that resulted in the seizure of the money orders.

Gallop, in the company of Frances Jo Connors, was…