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US v. Amratiel, No. 09-3934

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By FindLaw Staff on October 14, 2010 3:06 PM

Unregistered destructive device conviction affirmed

In US v. Amratiel, No. 09-3934, the court affirmed defendant's conviction for possession of an unregistered destructive device, holding that 1) possession of a key is not the sole factor whether a third party has authority over a locked space for Fourth Amendment purposes; and 2) when officers obtain valid third-party consent, they are not also required to seek consent from a defendant, even if detained nearby.

As the court wrote:  "Thomas Hibdon-now known as Rachel Amratiel- entered a conditional guilty plea to possession of an unregistered destructive device in violation of 18 U.S.C. § 5841. The district court1 sentenced him to 18 months' imprisonment. Hibdon appeals the denial of his motion to suppress evidence seized during the warrantless search of a gun safe. Having jurisdiction under 28 U.S.C. §1291, this court affirms."

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