USA v. Michael Basher
Filing
FILED OPINION (KIM MCLANE WARDLAW, RONALD M. GOULD and RICHARD MILLS) In summary, we hold that the officers interaction with Basher constituted a valid Terry encounter, and that Basher s Fifth Amendment rights were not violated. We further hold that Basher s Fourth Amendment rights were not violated, and that he consented to the retrieval of the shotgun from the tent. Finally, we hold that the area of a campsite outside of a tent in these circumstances is not curtilage. Accordingly, the district court properly denied Basher s Motion to Suppress.AFFIRMED. Judge: KMW , Judge: RMG , Judge: RM Authoring. FILED AND ENTERED JUDGMENT. [7618831]
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