v3449-15

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HARRY LEE DEMNO,

Appellant,

V .

UNITED STATES OF AMERICA,

Appellee .

No. 20,817

APPELLANT'S REPLY BRIEF

1. THE DISTRICT COURT ERRED BY ADMITTING THE

TESTIMONY OF AGENT RAUCH IffllCH TE STIMONY

CONCERNED ITEMS SEIZED AS A RESULT OF AN

ILLEGAL SEARCH OF APPELLANT'S HOME .

Appellant in his opening brief urged that there

was error in admitting the testimony of Special Agent

Rauch principally because portions of Mr. Rauch's

testimony was drawn from information obtained during a

search of Appellant's home, which search Appellant argues

was conducted in violation of the Appellant's rights

under the Fourth and Fifth Amendments to the United

States Constitution. Appellee, however, in his brief,

suggests that all was proper in that an arrest warrant

had previously been obtained and that once the arrest

was effected a search thereafter would be valid as a

search '"'incident to lawful arrest.'* (Brief of Appellee,

hereafter referred to as BA, 5)

In other words. Appellee, in his argument, fails

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