UNITED STATES V. SCOTT 6447 COUNSEL
Volume 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 04-10090 Plaintiff-Appellant, D.C. No. v. CR-03-00122-DWH RAYMOND LEE SCOTT, ORDER AND Defendant-Appellee. AMENDED OPINION Appeal from the United States District Court for the District of Nevada David Warner Hagen, District Judge, Presiding Argued and Submitted December 10, 2004—San Francisco, California Filed September 9, 2005 Amended June 9, 2006 Before: Alex Kozinski, William A. Fletcher and Jay S. Bybee, Circuit Judges. Opinion by Judge Kozinski; Dissent by Judge Bybee; Dissent from Denial of Rehearing En Banc by Judge Callahan 6443 UNITED STATES v. SCOTT 6447 COUNSEL Paul L. Pugliese, Assistant United States Attorney, Reno, Nevada, for the plaintiff-appellant. Michael K. Powell and Cynthia S. Hahn, Reno, Nevada, for the defendant-appellee. ORDER The opinion and dissent filed September 9, 2005, and reported at 424 F.3d 888, is withdrawn, and is replaced by the Amended Opinion and Amended Dissent, 04-10090. The peti- tion for rehearing is otherwise denied. A judge requested a vote on whether to rehear this case en banc. The case failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. See Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc will be accepted. OPINION KOZINSKI, Circuit Judge: We consider whether police may conduct a search based on less than probable cause of an individual released while awaiting trial.
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