United States v. Juan Hidalgo-Mendoza

MEMORANDUM

Juan Hidalgo-Mendoza (“Hidalgo”) challenges his conviction on four counts of drug and gun-related charges, arguing that the search warrant enabling police to discover drugs hidden inside the walls of his former residence was not supported by probable cause. We affirm.

The showing required to justify issuing a search warrant is “whether, given all the circumstances set forth in the affidavit before [the magistrate judge], ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). A magistrate judge’s ‘“determination of probable cause should be paid great deference by reviewing courts.’ ” Id. at 236 , 103 S.Ct. 2317 (quoting Spinelli v. United States, 393 U.S. 410, 419 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969)).

Given the deferential standard of review and quantum of proof required, there was no error in authorizing the search of Hi-dalgo’s former residence and allowing the introduction of the discovered drugs into evidence. The murder of Hidalgo’s roommate, the discovery of guns and narcotics in the immediate vicinity, and Hidalgo’s admitted…