United States v. Michael Polnett

MEMORANDUM

Michael Polnett challenges his conviction for selling oxycodone and illegally possessing a gun and ammunition. We affirm.

Polnett argues that the warrant to search his apartment was issued without probable cause and the evidence found in his apartment should have been suppressed. The probable cause affidavit stated that the police watched Polnett leave an apartment, number 3, and meet a confidential informant in a parking lot. The informant got into Polnett’s car, and they drove around while Polnett sold him oxycodone. Police then followed Polnett back to the apartment and watched him go back inside apartment number 3. The affidavit described how the officer had seen Polnett’s Mercedes parked in the designated parking spot for apartment number 3 “on numerous occasions at all times of the day and night.” Based on these facts, there was a fair probability that apartment number 3 was Polnett’s, and that it contained either contraband or evidence of Polnett’s crimes. United States v. Kelley, 482 F.3d 1047, 1050 (9th Cir.2007). The district court did not err in denying Pol-nett’s motion to suppress.

Polnett claims that probable cause was lacking because the officer who…