United States v. Feng Xian

MEMORANDUM

Feng Xian entered a conditional guilty plea for access device fraud and possession of device-making equipment in violation of federal law. , He appeals the district court’s denial of his motion to suppress all evidence seized during two warrantless searches of his residence, as well as all evidence seized pursuant to a search warrant obtained after those searches. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s denial of a motion to suppress based on the Fourth Amendment, United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir.2011), and for clear error its factual findings, United States v. Ruiz, 428 F.3d 877, 880 (9th Cir.2005). We conclude there was probable cause to search Xian’s room even without the observation of the embossing machine. The other information in the affidavit, such as Detective Earley’s observation that the credit card Xian used at Ralph’s was “cancelled or manufactured” and of numerous credit cards on the floor of Xian’s room, created a reasonable basis for the inference that “it would be reasonable to seek the evidence in the place indicated in the affidavit.” United States v. Ruiz, 758 F.3d…