United States v. Bernardo Bon

MEMORANDUM

Defendant Bernardo Bon asks us to overturn his drug-related convictions on the ground that the district court failed to suppress evidence obtained during an allegedly unlawful search. Bon contends that the warrant authorizing officers to search his home was invalid for lack of probable cause and for failure to comply with California Penal Code § 1526. Bon also argues that the district court erred in denying his request for an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

1. Probable cause exists when the judge issuing the warrant finds that, “given all the circumstances set forth in the affidavit before him, ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). “[T]he duty of a reviewing court is simply to ensure that the magistrate had a ‘substantial basis for ... conclud[ing]’ that probable cause existed.” Id. at 238-39 , 103 S.Ct. 2317 (second alteration in original) (quoting Jones v. United States, 362 U.S. 257, 271 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960)). This is a totality of the circumstances…