United States v. James L. Issacs, 708 F.2d 1365 (9th Cir. 1983). · Go Syfert
United States v. James L. Issacs, 708 F.2d 1365 (9th Cir. 1983). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, last quoted 2008 · …yes, honey, i like little girls like you. at p. 1369 ⚠ not in text
84 citation events (32 in the last 25 years) across 21 distinct courts.
Strongest positive: State of Tennessee v. Peter Allen Ross - Dissenting (tenn, 2001-07-09)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Tennessee v. Peter Allen Ross - Dissenting
Tenn. · 2001 · quote attribution · 1 verbatim quote · confidence high
the defendant's denial of ownership should not defeat his legitimate expectation of privacy in the space invaded and thus his right to contest the lawfulness of the search when the government at trial calls upon the jury to reject that denial.
examined Cited as authority (verbatim quote) State v. Ross (2×) also: Cited as authority (rule)
Tenn. · 2001 · quote attribution · 1 verbatim quote · confidence high
the defendant's denial of ownership should not defeat his legitimate expectation of privacy in the space invaded and thus his right to contest the lawfulness of the search when the government at trial calls upon the jury to reject that denial.
discussed Cited as authority (rule) Okafor v. State
Ala. Civ. App. · 2016 · confidence medium
See, e.g., United States v. Vega, 221 F.3d 789, 797 (5th Cir.2000)(“We do not agree that [the defendant’s] fourth amendment rights evaporated simply because, he failed to make incriminating admissions in response to police questioning.”), abrogated on other grounds, as recognized in United States v. Aguirre, 664 F.3d 606 , 611 n. 13 (5th Cir. 2011); United States v. Brown, 64 F.3d 1083, 1085 (7th Cir.1995)(“The privacy interest in a dwelling is not so easily extinguished, ... and a misleading response to an officer’s question is a far cry from a consent to search.”); United States …
discussed Cited as authority (rule) United States v. Rodriguez (2×)
C.D. Cal. · 2015 · confidence medium
Inconsistent Government Arguments Defendant also argues that he may challenge the search of the car because “the government alleges that [defendant] possessed all of the items seized from the car.” Mot. at 5- Defendant cites United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.1983), for the proposition that the law “does not permit the government to argue possession but deny expectation of privacy where the circumstances of the case make such positions necessarily inconsistent.” The Issacs court, however, articulated this rule along with the principle that “a prosecutor may simulta…
discussed Cited as authority (rule) State v. Armstrong
Ohio Ct. App. · 2013 · confidence medium
In either case, the plain view doctrine would permit brief perusal of the book’s contents and, consequently, its seizure if such perusal gives the examining agent probable cause to believe that the book constitutes evidence. {¶62} United States v. Issacs, 708 F.2d 1365, 1370 (9th Cir.1983); State v. Sautter, 6th Dist.
discussed Cited as authority (rule) Aguiar v. Superior Court CA2/7 (2×)
Cal. Ct. App. · 2013 · confidence medium
Aguiar’s Fourth Amendment Rights Were Violated if the Purse Was Discovered During an Illegal Search of His Home Evidence seized as a result of an unlawful search of the defendant‟s home is properly excluded in a criminal trial against the defendant, even if the evidence seized did not belong to the defendant, because the search itself violated the defendant‟s rights: “If the police make an unwarranted search of a house and seize tangible property belonging to third parties . . . , the homeowner may object to its use against him, not because he had any interest in the seized items as �…
discussed Cited as authority (rule) United States v. Sugar
D. Mass. · 2004 · confidence medium
See United States v. Garcia-Rosa, 876 F.2d 209, 218 (1st Cir.1989) (holding that defendant had standing to challenge the seizure of a box regardless of who owned it because it was in a house owned and possessed by defendant); United States v. Issacs, 708 F.2d 1365, 1367-69 (9th Cir.1983) (holding that defendant had legitimate expectation of privacy in contents of locked safe stored in his apartment but owned by third party); United States v. Perez, 700 F.2d 1232, 1236 (8th Cir.1983) (holding that defendant could challenge search of luggage belonging to overnight guests staying in his house); U…
discussed Cited as authority (rule) United States v. Way Quoe Long (2×)
9th Cir. · 2002 · confidence medium
The dispositive question is whether Long is entitled to rely upon evidence presented by the government to establish standing. 80 Prosecutors do not have unbounded authority to "charge possession but dispute expectation of privacy regardless of the underlying facts." United States v. Issacs, 708 F.2d 1365, 1367 (9th Cir.1983).
discussed Cited as authority (rule) United States v. Scarfo
D.N.J. · 2001 · confidence medium
See also United States v. Carmany, 901 F.2d 76 (7th Cir.1990) (upholding seizure of unregistered handgun found in filing cabinet while validly executing warrant to discover evidence relating to cocaine distribution charges) United States v. Fawole, 785 F.2d 1141, 1145 (4th Cir.1986); United States v. Santarelli, 778 F.2d 609, 615-16 (11th Cir.1985) (search warrant entitled agents to search for documents, i.e., records of loansharking activity, etc., and agents were entitled to examine each document in bedroom or in filing cabinet to determine whether it constituted evidence they were entitled …
discussed Cited as authority (rule) United States v. Gomez
5th Cir. · 2001 · confidence medium
See United States v. Cassity, 720 F.2d 451, 457 (6th Cir.1983) (holding that defendant had standing to challenge search of container stored in his home that he did not own or know the contents of), vacated on other grounds, 468 U.S. 1212 , 104 S.Ct. 3581 , 82 L.Ed.2d 879 (1984); United States v. Issacs, 708 F.2d 1365, 1367-69 (9th Cir.1983) (holding that defendant had legitimate expectation of privacy in contents of locked safe stored in his apartment but owned by third party who had the key); United States v. Perez, 700 F.2d 1232, 1236 (8th Cir.1983) (holding that defendant could challenge se…
discussed Cited as authority (rule) United States v. Wick
D.N.M. · 1999 · confidence medium
See United States v. Tolerton, 669 F.2d 652, 653-54 (10th Cir.1982); United States v. Gentry, 642 F.2d 385, 387 (10th Cir.1981); See United States v. Barnes, 909 F.2d 1059, 1070 (7th Cir.1990); United States v. Issacs, 708 F.2d 1365, 1369 (9th Cir.1983); United States v. Heldt, 668 F.2d 1238, 1267 (D.C.Cir.1981) (per curium), cert. denied, 456 U.S. 926 , 102 S.Ct. 1971 , 72 L.Ed.2d 440 (1982); United States v. Crouch, 648 F.2d 932, 933 (4th Cir.1981); United States v. Damitz, 495 F.2d 50, 56 (1974).
discussed Cited as authority (rule) 96 Cal. Daily Op. Serv. 5655, 96 Daily Journal D.A.R. 9212 Robert Roe v. Helen M. Sherry, Special Agent Ray Larabee Christopher Yohn U.S. Naval Investigative Services United States of America
9th Cir. · 1996 · confidence medium
Compare Arizona v. Hicks, 480 U.S. 321, 326-28 , 107 S.Ct. 1149, 1153-54 , 94 L.Ed.2d 347 (1987) (concluding search did not fall within plain view exception because officer did not have probable cause to believe item was evidence of crime) and Minnesota v. Dickerson, 508 U.S. 366, 378 , 113 S.Ct. 2130, 2139 , 124 L.Ed.2d 334 (1993) (same); with United States v. Hillyard, 677 F.2d 1336, 1341-42 (9th Cir.1982) (concluding that, under immediately apparent prong of the plain view exception, officers may conduct cursory search of object based only on reasonable suspicion) and United States v. Issac…
discussed Cited as authority (rule) Roe v. Sherry
9th Cir. · 1996 · confidence medium
Compare Arizona v. Hicks, 480 U.S. 321, 326-28 , 107 S.Ct. 1149, 1153-54 , 94 L.Ed.2d 347 (1987) (concluding search did not fall within plain view exception because officer did not have probable cause to believe item was evidence of crime) and Minnesota v. Dickerson, 508 U.S. 366, 378 , 113 S.Ct. 2130, 2139 , 124 L.Ed.2d 334 (1993) (same); with United States v. Hillyard, 677 F.2d 1336, 1341-42 (9th Cir.1982) (concluding that, under immediately apparent prong of the plain view exception, officers may conduct cursory search of object based only on reasonable suspicion) and United States v. Issac…
discussed Cited as authority (rule) United States v. Richard E. Yerger
9th Cir. · 1996 · confidence medium
See, e.g., United States v. Valles-Valencia, 811 F.2d 1232, 1237 (9th Cir.1987); United States v. Isaacs, 708 F.2d 1365, 1369 (9th Cir.), cert. denied, 464 U.S. 852 (1983); United States v. Wright, 667 F.2d 793, 797-99 (9th Cir.1982).
discussed Cited as authority (rule) United States v. Charles Lee Young
9th Cir. · 1994 · confidence medium
See United States v. Havens, 446 U.S. 620, 627 , 100 S.Ct. 1912, 1916 , 64 L.Ed.2d 559 (1980) (illegally seized evidence admissible to impeach); United States v. Issacs, 708 F.2d 1365, 1372 (9th Cir.), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983).
discussed Cited as authority (rule) United States v. Anthony Wayne Fagan, United States of America v. Anthony Wayne Fagan
9th Cir. · 1993 · confidence medium
See, e.g., United States v. Gillock, 886 F.2d 220, 222 (9th Cir.1989) (revolver found in defendant’s bedroom closet relevant to his intent to distribute methamphetamine); United States v. Savinovich, 845 F.2d 834, 837 (9th Cir.) (“[b]ecause guns are used in many drug transactions, it may reasonably be inferred that an armed possessor of drugs has something more in mind than mere personal use[;]” therefore, under Fed.R.Evid. 403, “guns seized from a defendant’s residence *1016 are admissible in a trial for possession of a controlled substance with intent to distribute”) (quotation o…
discussed Cited as authority (rule) United States v. Anthony Duane Vaughn
9th Cir. · 1992 · confidence medium
See United States v. Savinovich, 845 F.2d 834, 837 (9th Cir.), cert. denied, 488 U.S. 943 (1988); United States v. Crespo de Llano, 838 F.2d 1006, 1018 (9th Cir.1988); United States v. Issacs, 708 F.2d 1365, 1371 (9th Cir.), cert. denied, 464 U.S. 852 (1983); United States v. Martin, 599 F.2d 880, 889 (9th Cir.), cert. denied, 441 U.S. 962 (1979).
discussed Cited as authority (rule) United States v. James William Giannetta
1st Cir. · 1990 · confidence medium
See, e.g., United States v. Santarelli, 778 F.2d 609, 615-16 (11th Cir.1985) (“Given the fact that the search warrant entitled the agents to search for documents ... it is clear that the agents were entitled to examine each document in the bedroom or in the filing cabinet to determine whether it constituted evidence that they were entitled to seize under the warrant.”); United States v. Issues, 708 F.2d 1365, 1368-70 (9th Cir.), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983); United States v. Christine, 687 F.2d 749, 760 (3d Cir.1982); see also United States v. Fawole, …
discussed Cited as authority (rule) United States v. J.B. Rush
7th Cir. · 1989 · confidence medium
In United States v. Issacs, 708 F.2d 1365, 1367-68 (9th Cir.), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983) and United States v. Hawkins, 681 F.2d 1343, 1345-46 (11th Cir.), cert. denied, 459 U.S. 994 , 103 S.Ct. 354 , 74 L.Ed.2d 391 (1982), the courts examined the totality of the circumstances to determine whether an individual had a legitimate expectation of privacy.
discussed Cited as authority (rule) United States v. Narcisa Savinovich
9th Cir. · 1988 · confidence medium
Crespo-de Llano, 830 F.2d at 1544 ; United States v. Restrepo-Rua, 815 F.2d 1327, 1329 (9th Cir.1987); United States v. Issacs, 708 F.2d 1365, 1371 (9th Cir.), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983).
discussed Cited as authority (rule) United States v. Savides (2×) also: Cited "see"
N.D. Ill. · 1987 · confidence medium
United States v. Issacs, 708 F.2d 1365, 1366 (9th Cir.1983).
cited Cited as authority (rule) United States v. John Attardi and Dennis Swift
9th Cir. · 1986 · confidence medium
United States v. Issacs, 708 F.2d 1365,1370 (9th Cir.1983), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983).
discussed Cited as authority (rule) United States v. Ralph Johnston, United States of America v. Michael Andrews, United States of America v. Edward Rist
1st Cir. · 1986 · confidence medium
Although the police are not allowed to scrutinize the items closely to ascertain their incriminating nature, see, e.g., United States v. Issacs, 708 F.2d 1365, 1370 (9th Cir.1983), they are not limited by the chance of which room they happen to search first.
cited Cited as authority (rule) United States v. William Richard Minor
9th Cir. · 1985 · confidence medium
See also Texas v. Brown, 460 U.S. 730, 736-37 , 103 S.Ct. 1535, 1539-40 , 75 L.Ed.2d 502 (1983) (opinion of Rehnquist, J.); United States v. Issacs, 708 F.2d 1365, 1368-70 (9th Cir. 1983).
discussed Cited as authority (rule) United States v. Richard Scott McLernon Kido Yaqui, Sherri Louise Farrell, Miguel Angel Carranza, and Marco Antonio Valdez-Cota (2×)
6th Cir. · 1984 · confidence medium
Discussing Brown, the Ninth Circuit recently wrote: "[T]he court reconsidered the Coolidge plurality's 'immediately apparent' language and substituted a probable cause standard." United States v. Issacs, 708 F.2d 1365, 1369 (9th Cir.1983) cert. denied, --- U.S. ----, 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983).
discussed Cited "see" State of New Hampshire v. John Gates
N.H. · 2020 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir. 1983) (observing that defendant’s “denial of ownership should not defeat his legitimate expectation of privacy in the space invaded and thus his right to contest the lawfulness of the search when the government at trial calls upon the jury to reject that denial”).
discussed Cited "see" United States v. King (2×)
D. Haw. · 2010 · signal: see · confidence high
Ex. 16.); see United States v. Issacs, 708 F.2d 1365, 1370 (9th Cir.1983); cf. Whitten, 706 F.2d at 1013 (“There was nothing facially incriminating about the closed notebook from which the DEA agents could reasonably have concluded that it might contain evidence of crime.”). *1216 In conjunction, all of this information gave Special Agent Itnyre probable cause to believe that all the notebooks and papers, not just those where writing was visible, were associated with criminal activity.
discussed Cited "see" United States v. Seljan (2×)
9th Cir. · 2008 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1369 (9th Cir.1983).
cited Cited "see" United States v. Seljan
9th Cir. · 2008 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1369 (9th Cir. 1983).
discussed Cited "see" State v. McBride
Minn. · 2003 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.1983) (determining resident could challenge a search of journals found in a safe even though defendant disclaimed ownership or awareness of journals at trial); United States v. Perez, 700 F.2d 1232, 1236 (8th Cir.1983) (concluding resident could challenge search of guest's luggage in his home). 8 .
discussed Cited "see" United States v. Blanca Lucero Largo Lopez, United States of America v. Fabio Andres Morante-Andrade, Aka: Pedro Cuartas
9th Cir. · 1993 · signal: see · confidence high
See id. 19 Lopez and Morante argue that United States v. Issacs, 708 F.2d 1365 (9th Cir.), cert. denied, 464 U.S. 852 (1983), and United States v. Bagley, 772 F.2d 482 (9th Cir.), cert. denied, 475 U.S. 1023 (1986), preclude the government from arguing to establish possession of cocaine and to deny expectation of privacy where the circumstances of the case make such positions necessarily inconsistent.
discussed Cited "see" United States v. Aldo Ray Navarro
9th Cir. · 1992 · signal: see · confidence high
See United States v. Isaacs, 708 F.2d 1365, 1367 (9th Cir.1983) (defendant must demonstrate legitimate expectation of privacy and unreasonable search and seizure). 7 The court did not err in denying Navarro's motion to suppress evidence.
discussed Cited "see" People v. Baraka H.
Cal. Ct. App. · 1992 · signal: see · confidence high
(Id., at pp. 595-598; see United States v. Isaacs (9th Cir. 1983) 708 F.2d 1365, 1367-1368 .) No such contradiction is presented here: the prosecution contended that the contraband was in appellant’s possession, but that appellant had abandoned any protectible privacy interest at the time of the search.
cited Cited "see" United States v. Carlo Scott Bagley
9th Cir. · 1985 · signal: see · confidence high
See United States v. Isaacs, 708 F.2d 1365, 1367-68 (9th Cir.1984).
cited Cited "see" United States v. Carlo Scott Bagley
9th Cir. · 1985 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1367-68 (9th Cir.1984).
discussed Cited "see" United States v. Shah Mohammed Nikzad
9th Cir. · 1984 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.), cert. denied, — U.S.-, 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983) (despite defendant’s disclaimer of ownership, he retained a privacy *1434 interest in journals found inside his locked safe); United States v. Portillo, 633 F.2d 1313 , 1316-17 & n. 1 (9th Cir.1980), cert. denied, 450 U.S. 1043 , 101 S.Ct. 1763 , 68 L.Ed.2d 241 (1981) (despite disclaimer of ownership, defendant maintained a privacy interest in the contents of two paper bags found in the locked trunk of a car under his control).
discussed Cited "see" United States v. Carlos Morales
8th Cir. · 1984 · signal: see · confidence high
See United States v. Issacs, 708 F.2d 1365, 1368 (9th Cir.) (“[The. defendant’s] denial of ownership should not defeat his legitimate expectation of privacy in the space invaded and thus his right to contest the lawfulness of the search when the government at trial calls upon the jury to reject that denial.”), cert. denied, — U.S.-, 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983), citing United States v. Ross, 655 F.2d 1159, 1165 (D.C.
discussed Cited "see, e.g." United States v. Alvaro Julio Echavarria-Olarte
9th Cir. · 1990 · signal: see also · confidence medium
The remainder of the wiretap evidence was admissible for impeachment purposes to contradict statements made by Echavarria on cross-examination since the prosecutor’s line of questions eliciting these statements were “proper cross-examination reasonably suggested by the defendant’s direct examination.” Havens , id., at 627 , 100 S.Ct. at 1917 ; see also United States v. Issacs, 708 F.2d 1365, 1370-71 (9th Cir.), cert. denied, 464 U.S. 852 , 104 S.Ct. 165 , 78 L.Ed.2d 150 (1983). 3.
discussed Cited "see, e.g." People v. Clark
Cal. Ct. App. · 1989 · signal: see also · confidence low
(United States v. Wright (9th Cir. 1982) 667 F.2d 793, 797 .) Items in plain view may be inspected when the officer is “ ‘aware of some facts and circumstances which justify a reasonable suspicion (not probable cause) that the items are the fruits, instrumentalities, or evidence of crime.’ ” (Id. at pp. 797-798, quoting 2 LaFave, Search and Seizure (1st ed. 1978) § 4.11, p. 174, italics added.) The reasonable suspicion requirement permits a brief perusal without allowing “exploratory rummaging in a person’s belongings.” (Ibid.; see also United States v. Issacs (9th Cir. 1983) 70…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff/Appellee,
v.
James L. ISSACS, Defendant/Appellant
82-1534.
Court of Appeals for the Ninth Circuit.
Jun 20, 1983.
708 F.2d 1365
Rommel Bondoc, San Francisco, Cal., for defendant/appellant., Sandra L. Teters, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.
Hug, Farris, Gadbois.
Cited by 59 opinions  |  Published
FARRIS, Circuit Judge:

A jury convicted James Louis Issacs on two counts of possession with intent to distribute methaqualone and cocaine in violation of 21 U.S.C. § 841(a)(1). He now challenges: 1) the denial in part of his pretrial motion to suppress certain journals seized during a search of his apartment pursuant to a warrant; 2) the trial court’s ruling which permitted the government to impeach his testimony with illegally seized journals; and 3) the trial court’s denial of his motion to suppress a gun and related items seized during the same search.

FACTS

Agents of the Secret Service obtained a warrant to search Issacs’s residence for rent receipts and counterfeit Federal Reserve notes. While searching the apartment in Issacs’s presence and pursuant to the warrant, the agents uncovered a gun, shoulder holster, and ammunition. The agents also discovered drug paraphernalia and considerable quantities of methaqualone and cocaine on a shelf in the bedroom closet. There is no dispute that the gun, drugs, and related items were in plain view.

In the same closet the agents noticed a safe, the combination to which Issacs gave, them. Upon opening the safe, they found six journals bound together with a rubber band. An agent testified that he flipped through the journals in order to ensure that they contained no receipts or counterfeit notes. While leafing through one journal, the agent came across notations which appeared to record drug transactions. Although he noticed nothing similar in the remaining journals at the time, he seized all six.

On April 7, 1982, a grand jury indicted Issacs on six counts. The first and second counts charged him with passing counterfeit notes in violation of 18 U.S.C. § 472. The third and fifth counts charged him with possession with intent to distribute methaqualone and cocaine in violation of 21 U.S.C. § 841(a)(1). The fourth and sixth counts charged him with use of a gun to commit the crimes charged in the third and fifth counts in violation of 18 U.S.C. § 924(c)(1).

After severance of the first two counts, Issacs moved to suppress the journals. The court denied the motion as to the first journal and granted it as to those remaining, reasoning that the agents were not entitled to seize objects when initial inspection revealed no incriminating features. During the course of the first trial, which ended in mistrial, the judge granted a motion for acquittal on the gun counts. At the second trial, a different judge admitted the suppressed journals for purposes of impeachment. The court also admitted evidence of possession of firearms. The jury at the second trial found Issacs guilty of both counts of possession with intent to distribute. On the government’s motion the court subsequently dismissed the counterfeit note counts.

A. SEIZURE OF THE JOURNALS

Issacs argues that the evidence in the unsuppressed journal was beyond plain[*1367] view because the agent needed to read its contents to uncover the incriminating notations. The government challenges Issacs’s “standing” to object to the search, pointing to his disclaimer of ownership or possession of the journals at trial, and contends that in any case the journal was in plain view.

In Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), the Supreme Court “abandoned a separate inquiry into a defendant’s ‘standing’ to contest an allegedly illegal search in favor of an inquiry that focused directly on the substance of the defendant’s claim that he or she possessed a ‘legitimate expectation of privacy’ in the area searched.” Rawlings v. Kentucky, 448 U.S. 98, 104, 100 S.Ct. 2556, 2561, 65 L.Ed.2d 633 (1980) (citing Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)); accord United States v. Salvucci, 448 U.S. 83, 87 n. 4, 100 S.Ct. 2547, 2551 n. 4, 65 L.Ed.2d 619 (1980). The conversion of standing from a preliminary to a substantive question makes no practical difference, however. Rakas, 439 U.S. at 139, 99 S.Ct. at 428. Issacs must still demonstrate (1) that the agents found the journal in a place in which he had a legitimate expectation of privacy and (2) that the search exceeded fourth amendment constraints. Rawlings, 448 U.S. at 104, 100 S.Ct. at 2561.

1. Legitimate expectation of privacy.

At first glance the government’s contention that Issacs had no legitimate expectation of privacy in a locked safe hidden in a closet in his own apartment appears ludicrous. The government argues, however, that Issacs’s disclaimer at trial of ownership or awareness of the journals negates any expectation of privacy. The government reasons that “it is logically impossible to have an expectation of privacy in items one does not know exist.” Appellee’s Brief at 8.

Of course, it is also “logically impossible” for the government to contest Issacs’s knowledge or possession for purposes of the suppression motion but to take the opposite position for purposes of proving guilt at trial. Until recently, the rule of automatic standing established in Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), which was expressly intended to deny the government “the advantage of contradictory positions as a basis for conviction” in possession cases, would have precluded such inconsistency. Id. at 263, 80 S.Ct. at 732. However, the Court abandoned that rule in Salvucci. 1 The Court there recognized that “a prosecutor may simultaneously maintain that a defendant criminally possessed the seized good, but was not subject to a Fourth Amendment deprivation, without legal contradiction.” 448 U.S. at 90, 100 S.Ct. at 2552.

Nevertheless, the government’s argument fails here. Its position assumes that Salvucci permits the prosecution to charge possession but dispute expectation of privacy regardless of the underlying facts. The rationale of Salvucci does not support so unbounded a reading. The Court there refused any longer to recognize a necessary connection between possession and expectation of privacy which “afford[ed] a windfall to defendants whose Fourth Amendment rights [had] not been violated.” Id. at 95, 100 S.Ct. at 2554 (emphasis in original). The Court simply rejected conferral of automatic standing; it did not condone prosecutorial self-contradic[*1368] tion. [2] Salvucci does not permit the government to argue possession but deny expectation of privacy where the circumstances of the case make such positions necessarily inconsistent.

The government may properly contend that a defendant owned drugs which, moments before the challenged search, he had placed in his girlfriend’s purse, in which he had no legitimate expectation of privacy. See Rawlings, 448 U.S. at 104-06, 100 S.Ct. at 2561-62. It may argue that checks found in the apartment of another in which a defendant had no legitimate expectation of privacy belonged to the defendant. See Salvucci, 448 U.S. at 85, 95, 100 S.Ct. at 2549, 2554. It may properly seek to introduce evidence seized from a room with which a defendant had no connection beyond mere presence and thus no legitimate expectation of privacy. See United States v. Irizarry, 673 F.2d 554, 556 (1st Cir.1982). And it may argue that a defendant once possessed an item but, by abandoning it, subsequently renounced any expectation of privacy in it. See United States v. Veatch, 674 F.2d 1217, 1220-22 (9th Cir.1981); United States v. Anderson, 663 F.2d 934, 937-39 (9th Cir.1981).

Here, however, the government wants it both ways: It seeks to rely on Issacs’s disavowal of ownership to defeat his right to contest the lawfulness of the search at the same time it introduces the journal as evidence of his guilt. Yet the government cannot and does not dispute that Issacs had a legitimate expectation of privacy in the safe itself, and there can be no question of abandonment of items found in the putative abandoner’s personal safe. Issacs’s denial of ownership should not defeat his legitimate expectation of privacy in the space invaded and thus his right to contest the lawfulness of the search when the government at trial calls upon the jury to reject that denial. See United States v. Ross, 655 F.2d 1159, 1165 (D.C.Cir.1981) (en banc) (rejecting “Government’s position that [defendant’s] trial tactic, denying knowledge of the [contraband-filled] bag, strips him of Fourth Amendment protection”), rev’d on other grounds, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982).

Moreover, the distinction the government seeks to draw between an expectation of privacy in the space invaded and the items seized is untenable. The cases upon which it relies all involve seizures from places arguably outside the defendant’s control. See, e.g., Salvucci, 448 U.S. at 85-86, 95, 100 S.Ct. at 2549-50, 2554-55. Rawlings, 448 U.S. at 100-06, 100 S.Ct. at 2559-62. The government’s concession that Issacs had “a legitimate expectation of privacy in the invaded place,” Rakas, 439 U.S. at 143, 99 S.Ct. at 430, precludes its contention that he had none in the items found there.

Issacs had a legitimate expectation of privacy in the safe in which the journals were found and thus may contest the lawfulness of their seizure.

2. Plain view.

At the time of Issacs’s suppression hearing, the plurality opinion in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), governed the reach of the plain view exception. There Justice Stewart stated that officers inadvertently coming upon objects in plain view during the course of a legal search may seize them even though they are not specifically mentioned in the warrant if it is “immediately apparent to the police that they have evidence before them.” Id. at 466, 91 S.Ct. at 2038. Issacs argues that this plain view exception to the warrant requirement cannot support the seizure of the journal here because the officer needed to read its contents in order to appreciate their incriminatory nature.

[*1369] We disagree. Issacs cannot and does not dispute that the agents could rightfully examine the ledger in order to ascertain whether notes or receipts were hidden within it. See United States v. Wright, 667 F.2d 793, 799 (9th Cir.1982). The trial court found that while leafing through the ledger the officers noticed notations that appeared to concern drug transactions. It further found that the agents had perused the ledger in no more thorough a manner than necessary to determine whether it contained the items which were the object of the search warrant. These findings are not clearly erroneous, see United States v. Lee, 699 F.2d 466, 468 (9th Cir.1982); United States v. Wysong, 528 F.2d 345, 349 (9th Cir.1976), and support the district judge’s conclusion that the “inadvertent” discovery of the notations made it clear to the agents that they had evidence before them. See Coolidge, 403 U.S. at 469, 466, 91 S.Ct. at 2040, 2038.

The Supreme Court’s recent decision in Texas v. Brown, — U.S. -, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983), does not affect this result. There the Court reconsidered the Coolidge plurality’s “immediately apparent” language and substituted a probable cause standard. See id. at ——, 103 S.Ct. at 1541-43 (Rehnquist, J.) (plurality opinion); id. at -, 103 S.Ct. at 1545 (Stevens, J., concurring in the judgment); see also id. at-, 103 S.Ct. at 1544 (Powell, J., concurring in the judgment). Justice Rehnquist’s plurality opinion also questioned the element of inadvertence. See id. at-, 103 S.Ct. at 1543; see also id. at -, 103 S.Ct. at 1544 (White, J., concurring). Since the district judge’s factual findings support his conclusions that the discovery was inadvertent and that the incriminatory nature of the notations was immediately apparent, they would necessarily support conclusions founded on any lower thresholds for these two requirements.

Issacs seeks support in United States v. Wright, which involved superficially similar facts. There we held that the trial court had erred by failing to suppress a black ledger which contained notations concerning drug transactions. 667 F.2d at 797-99. Agents of the Federal Bureau of Alcohol, Tobacco and Firearms had executed a federal search warrant which authorized the seizure of a California driver’s license. During the course of the search, Agent Kelly came upon a small black ledger. He searched through the ledger without finding the license which was the subject of the search. Without initially having noticed anything particularly incriminating about the ledger, he brought it to Agent Frantz-man of the Drug Enforcement Agency in order to allow him to examine it more closely. Frantzman determined that the ledger recorded drug transactions.

The critical difference between the search invalidated in Wright and the search that we consider here is that in Wright the initial, justified perusal of the ledger in search of the driver’s license revealed nothing incriminating. We carefully observed:

Kelly’s testimony did not include any facts that would give rise to a reasonable suspicion that the ledger was evidence of a crime. Consequently, Kelly exceeded his authority to search for the license when he took the ledger to Frantzman so that he could inspect its contents. Similarly, Frantzman had no right to read the ledger’s entries. The incriminating nature of the ledger was not “immediately apparent” to Frantzman but was revealed only after he carefully examined its contents.

Id. at 799. Since Kelly, who conducted the initial, justifiable search, had no concrete reason to suspect that the ledger contained incriminating evidence, the search conducted by Frantzman passed beyond the bounds of conduct authorized by the plain view doctrine and into the realm of exploratory rummaging against which the warrant requirement protects. [3] Here, by contrast, the[*1370] trial court specifically found that the agents’ observation of the drug-related notations was inadvertent and that their incriminating nature was manifest.

United States v. Hillyard, 677 F.2d 1336 (9th Cir.1982); Wysong; and United States v. Damitz, 495 F.2d 50 (9th Cir.1974), support our conclusion. In Hillyard we validated the warrantless seizure of a logbook and notebook found in plain view in the cab of a truck known to be stolen. 677 F.2d at 1341-42. The location of the books gave rise to a reasonable suspicion that they contained evidence. Therefore, it was lawful for the agents to peruse briefly their contents. This examination revealed entries obviously relevant to the criminal scheme under investigation. In Wysong we held lawful the seizure of a ledger book found in a suitcase pursuant to a warrant authorizing a search for cocaine and premarked currency. 528 F.2d at 349. Since agents had previously discovered in defendant’s motel room a page ripped from a ledger book and covered with figures relating to drug transactions, the agents executing the search had immediate cause to suspect that the ledger, in plain view upon opening the suitcase, was connected with illegal activity. In Damitz we upheld the warrantless seizure of a notebook containing evidence of drug sales which agents found in plain view next to drug paraphernalia during a valid search for drugs and drug paraphernalia. 495 F.2d at 56-57. The location of the notebook gave concrete cause for suspicion.

These cases make clear that when conditions justify an agent in examining a ledger, notebook, journal, or similar item, he or she may briefly peruse writing contained therein. See also United States v. Chesher, 678 F.2d 1353, 1356-57 n. 2 (9th Cir.1982); United States v. Ochs, 595 F.2d 1247, 1256-59 & n. 8 (2d Cir.), cert. denied, 444 U.S. 955, 100 S.Ct. 435, 62 L.Ed.2d 328 (1979). The justification may arise from “a ‘reasonable suspicion’ to believe that the discovered item is evidence,” Wright, 667 F.2d at 798, as in Hillyard, Wysong, and Damitz; or it may arise from the authority conferred by a warrant to search for certain items which might reasonably be expected to be found within such a book, as here. In either case, the plain view doctrine would permit brief perusal of the book’s contents and, consequently, its seizure if such perusal gives the examining agent probable cause to believe that the book constitutes evidence. See Hillyard, 677 F.2d at 1342.

We do not mean to suggest that agents entitled to examine a book or similar item may minutely scrutinize its contents, especially when personal, nonbusiness papers are involved. See Crouch v. United States, 454 U.S. 952, 955-56, 102 S.Ct. 491, 492-93, 70 L.Ed.2d 259 (1981) (White, J., dissenting from denial of certiorari). But this case does not require us to explore the limits to brief perusal. The trial court’s factual findings establish that no more than a glance was necessary to ascertain the incriminating nature of the notations.

The trial court properly admitted the journal in which agents observed the incriminating notations. However, since the preliminary examination uncovered nothing incriminating about the remaining journals, it follows that the agents had no right to seize them in order that they might more closely examine them later. The trial court correctly suppressed them.

B. USE OF THE SUPPRESSED JOURNALS TO IMPEACH ISSACS

Issacs argues that the trial court erred by allowing the prosecution to use the illegally seized journals to impeach his testimony. He relies on United States v. Havens, 446 U.S. 620, 100 S.Ct. 1912, 64 L.Ed.2d 559 (1980), in which the Court held that

a defendant’s statements made in response to proper cross-examination reasonably suggested by the defendant’s direct examination are subject to otherwise proper impeachment by the government, albeit by evidence that has been illegally obtained and that is inadmissible in the[*1371] government’s direct ease, or otherwise, as substantive evidence of guilt.

Id. at 627-28, 100 S.Ct. at 1916-17; see United States v. Miller, 676 F.2d 359, 364 (9th Cir.1982), cert. denied,-U.S.-, 103 S.Ct. 126, 74 L.Ed.2d 109 (1982). On direct examination in the second trial, Is-sacs denied possession of the drugs found in his apartment and authorship of the notations in the unsuppressed journal; denied having seen any of the legally seized evidence, including the unsuppressed journal, before trial; and denied ever selling any drugs. The government sought to introduce the suppressed journals in order to impeach these statements.

To the extent that the evidence contradicted statements made on direct, it was admissible, though for impeachment purposes only. Havens, 446 U.S. at 624, 100 S.Ct. at 1915; Walder v. United States, 347 U.S. 62, 74 S.Ct. 354, 98 L.Ed. 503 (1954). However, the prosecutor went further, eliciting on cross-examination denials by Issacs that he knew persons of the names mentioned in the unsuppressed journal, then seeking to impeach those statements by introducing the suppressed journals which contained those names. Under Havens the court should have allowed this impeachment only if the line of questions eliciting the denials were “proper cross-examination reasonably suggested by the defendant’s direct examination.” 446 U.S. at 627, 100 S.Ct. at 1916. Given the sweeping range of Issacs’s denials on direct, the court could properly have concluded that the Havens test had been met.

C. DOUBLE JEOPARDY

Issacs contends that the government subjected him to double jeopardy by introducing firearms found in his residence as evidence of drug trafficking despite his acquittal on two counts of using a gun to commit the crimes of possession with intent to distribute. The argument has no merit. The trial judge has discretion to admit evidence of firearms in drug trafficking cases, United States v. Miroyan, 577 F.2d 489, 494-95 (9th Cir.), cert. denied sub nom., 439 U.S. 896, 99 S.Ct. 258, 58 L.Ed.2d 243 (1978); United States v. Kearney, 560 F.2d 1358, 1369 (9th Cir.), cert. denied, 434 U.S. 971, 98 S.Ct. 522, 54 L.Ed.2d 460 (1977), and the dismissal of the gun counts did not preclude admission of evidence of the guns if relevant for another purpose, United States v. Hobson, 519 F.2d 765, 776 (9th Cir.), cert. denied, 423 U.S. 931, 96 S.Ct. 283, 46 L.Ed.2d 261 (1975).

Affirmed.

1

. The Salvucci court found that intervening legal developments had eroded the twin grounds of the Jones automatic standing rule. The holding in Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), that “testimony given by a defendant in support of a motion to suppress cannot be admitted as evidence of his guilt at trial” eliminated “the risk that self-incrimination would attach to the assertion of Fourth Amendment rights.” 448 U.S. at 88, 100 S.Ct. at 2551. Likewise, subsequent recognition that “a prosecutor may, with legal consistency and legitimacy, assert that a defendant charged with possession of a seized item did not have a privacy interest violated in the course of the search and seizure” obviated the need “to prevent the ‘vice of prosecutorial self-contradiction.’ ” Id. at 88-89, 100 S.Ct. at 2551 (quoting Brown v. United States, 411 U.S. 223, 229, 93 S.Ct. 1565, 1569, 36 L.Ed.2d 208 (1973)).

2

. However, it did suggest that the desire to foreclose prosecutorial self-contradiction was a peripheral ground of the Jones decision. 448 U.S. at 90, 100 S.Ct. at 2552. The language of Jones establishes otherwise. See 362 U.S. at 263-64, 80 S.Ct. at 732; see also United States v. Agapito, 620 F.2d 324, 334 (2d Cir.), cert. denied, 449 U.S. 834, 101 S.Ct. 107, 66 L.Ed.2d 40 (1980) (pre-Salvucci).

3

. For the same reason, neither United States v. Scios, 590 F.2d 956 (D.C.Cir.1978) (en banc), in which FBI agents opened and read file folders, nor United States v. Dichiarinte, 445 F.2d 126 (7th Cir.1971), in which agents read through personal papers to search for hints of criminal activity, provides Issacs support. In both cases the court invalidated the warrantless seizure[*1370] because no concrete grounds for suspicion prompted the exploratory foray into private papers which eventually produced incriminating evidence.