United States v. Jose Medel

MEMORANDUM

Medel appeals from his convictions for possession of methamphetamine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Medel argues the warrant authorizing the police to search his residence was not supported by probable cause because the burglary occurred in January and the warrant was not obtained until April.

“Probable cause exists when there is a fair probability that contraband or evidence of a crime will be found in a particular place.” United States v. Needham, 718 F.3d 1190, 1194 (9th Cir.2013) (quoting United States v. Grubbs, 547 U.S. 90, 95 , 126 S.Ct. 1494 , 164 L.Ed.2d 195 (2006)) (internal quotation marks omitted). Whether evidence has become stale, and thus no longer establishes a “fair probability” that the contraband or evidence remains present at a particular place, “must be evaluated in light of the particular facts of the case and the nature of the criminal activity and property sought.” United States v. Crews, 502 F.3d 1130, 1140 (9th Cir.2007) (quoting United States v. Greany, 929 F.2d 523, 525 (9th Cir.1991)). “The information…