United States v. Murphy

REINHARDT, Circuit Judge:

Defendant Murphy appeals the district court’s denial of his motion to suppress evidence seized as a result of two searches. We conclude that one search was lawful and one was not. The first search, a protective sweep of storage units following Murphy’s arrest, was justified by the officer’s legitimate concern about the potential presence of confederates in the area. We conclude that the district court’s ruling as to this search was correct. The second search occurred two hours later, after Murphy, who was residing in the units temporarily, had refused to consent but…