United States v. Adolfo Guzman, Jr.

MEMORANDUM

Adolfo Guzman, Jr. entered a conditional plea agreement and pleaded guilty to an indictment charging him with drug trafficking offenses under 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A) and 846. On appeal, he claims that the district court erred in denying his motion to suppress trafficking evidence recovered from the residence of co-defendant Antonio Perez, Jr. pursuant to a search warrant. We have jurisdietion under 18 U.S.C. § 1291 and, on de novo review, affirm the conviction under the good faith exception to the exclusionary rule. United States v. Fries, 781 F.3d 1137, 1146 (9th Cir. 2015); United States v. Crews, 502 F.3d 1130, 1136 (9th Cir. 2007).

Under the good faith exception, law enforcement officers may execute a warrant they reasonably believe to be lawful even if the warrant is later found to be technically defective. United States v, Leon, 468 U.S. 897, 920-21 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). A search conducted pursuant to a warrant will normally fall within the exception unless one of the following four circumstances exist: (1) the issuing magistrate was knowingly misled; (2) the issuing magistrate wholly abandoned his or her judicial role; (3) the…