United States v. Osbaldo Sarabia

MEMORANDUM

Osbaldo Sarabia appeals the district court’s decision denying his motion to suppress evidence found in his vehicle and request for evidentiary hearing. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in finding that the agents had probable cause to search Sarabia’s vehicle. An officer has probable cause to conduct a warrantless search of a vehicle when, under the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be found in the vehicle, United States v. Brooks, 610 F.3d 1186, 1193 (9th Cir.2010), and the vehicle is readily mobile, United States v. Davis, 530 F.3d 1069, 1084 (9th Cir.2008). The “fair probability” inquiry is a “commonsense, practical question,” which includes reasonable inferences. United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir.2006) (en banc) (internal quotation marks omitted); see also Davis, 530 F.3d at 1084 . When considering whether an informant’s tip is sufficient to support a finding of probable cause, the court must employ a totality of the circumstances approach that takes into consideration the informant’s veracity or reliability and his…