United States v. Joseph Mullaney

MEMORANDUM

Joseph Patrick Mullaney appeals his conviction for conspiring with intent to distribute methamphetamine. Mullaney argues that the district court erred by refusing to suppress evidence obtained during a search of Mullaney’s vehicle by a state trooper in which drugs were found in the car’s ashtray. Mullaney maintains that the search of the vehicle was in violation of the Fourth Amendment because it was neither a valid inventory search nor a search incident to arrest in compliance with Arizona v. Gant, — U.S.-, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009).

The trial court’s factual findings underlying a decision on a suppression motion are reviewed for clear error. United States v. Boivhay, 992 F.2d 229, 230 (9th Cir.1993). Whether the facts establish a valid inventory search of the property is reviewed de novo. Id. Probable cause determinations present mixed questions of law and fact in which the legal issues predominate and are therefore subject to de novo review. Ornelas v. United States, 517 U.S. 690, 697-98 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996). Because the evidence was obtained during a valid inventory search, we affirm.

Mullaney’s vehicle was impounded after a…