United States v. Wayne McDuffie

MEMORANDUM

1. McDuffie argues that the district court erroneously denied his motion to suppress evidence discovered after he was arrested pursuant to an invalid arrest warrant. He argues that the arrest warrant was invalid, because the affidavit upon which the warrant was issued did not support the magistrate’s finding of probable cause.

Here, the district court concluded that the affidavit supported the magistrate’s finding of probable cause to arrest McDuf-fie for possession of a controlled substance in violation of R.C.W. § 69.50.4013. We will affirm the district court’s conclusion so long as an independent review of the affidavit establishes a “substantial basis” for the magistrate’s finding of probable cause. United States v. Castillo, 866 F.2d 1071, 1076-77 (9th Cir.1988).

Under R.C.W. § 69.50.4013, “possession” can be established by either actual or constructive possession. See State v. Staley, 123 Wash.2d 794 , 872 P.2d 502, 504-05 (1994). An individual has constructive possession if he has “dominion and control over the item.” State v. Jones, 146 Wash.2d 328 , 45 P.3d 1062, 1064 (2002). Dominion and control does not have to be exclusive and can be established by…