USA v. Michael Basher


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]

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?