United States v. Qiana Roubideaux

MEMORANDUM

The government appeals from an order granting Roubideaux’s motion to suppress evidence seized during a warrantless search of his automobile and backpack. We have jurisdiction over this appeal pursuant to 18 U.S.C. § 3731 , and we reverse.

We review de novo a district court’s determination of whether probable cause existed for the search of a vehicle, including its trunk. United States v. Alvarez, 899 F.2d 833, 836, 839 (9th Cir.1990) “Probable cause exists if, under the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. (internal quotation omitted); see also United States v. Ross, 456 U.S. 798, 825 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982) (“If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search”). In determining whether the officers had probable cause, we must examine the evidence in the record in a “commonsense and realistic manner.” United States v. Crozier, 111 F.2d 1376, 1380 (9th Cir.1985).

Under the totality of the circumstances in this case,…