United States v. Valentin Quintero Aispuro

MEMORANDUM

Defendant-Appellant Valentin Quintero-Aispuro (“Aispuro”) appeals the district court’s denial of his motion to suppress evidence found at one of his residences—a home on Martinho Avenue (the “Martinho” address). Aispuro argues that the search warrant for the residence was unsupported by probable cause. We affirm.

“A search warrant is supported by probable cause if the issuing judge finds that, ‘given all the circumstances set forth in the affidavit ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.’ ” United States v. Underwood, 725 F.3d 1076, 1081 (9th Cir. 2013) (quoting Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)). The relevant inquiry is whether the issuing judge had a “substantial basis” for concluding that probable cause existed. Id. (quoting Gates, 462 U.S. at 238-39 , 103 S.Ct. 2317 ).

As reflected in the police officer affidavit that was used to seek a search warrant for the Martinho residence, a reliable confidential informant had told police that Ais-puro was dealing drugs out of an address on Vetter Street, but that he had a second home on Martinho Avenue, where he…