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CA9: Bare certification of government under 18 U.S.C. § 3731 sufficient

By John Wesley Hall, Jr.

Government interlocatory appeals: "[W]e hold that the United States Attorney's bare certification regarding delay and materiality in accordance with the terms of § 3731 was sufficient to give us appellate jurisdiction to address the government's objections to the district court's orders. We therefore overrule our prior decisions to the extent that they conflict with our ruling today, including United States v. Loud Hawk, 628 F.2d 1139 (9th Cir. 1979) (en banc), and United States v. Adrian, 978 F.2d 486 (9th Cir. 1992)." United States v. Grace, 2008 U.S. App. LEXIS 10453 (9th Cir. May 15, 2008). Advancing on an officer with a box cutter in hand resulted in a shotting from two feet away when the officer was backed up against her patrol car...continue to full post

Full post as published by Fourth Amendment on May 17, 2008 (boomark / email).