United States v. Tracy Conard

Good Law
United States Court of Appeals for the Ninth CircuitDecember 10, 202121-30023California588 words

Opinion

Opinion

facts, so we do not repeat them here. We have jurisdiction under 28 U.S.C.

§ 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We review de novo the district court’s denial of the motion to suppress and

underlying factual findings for clear error. United States v. Evans, 786 F.3d 779,

784 (9th Cir. 2015) (citing United States v. Turvin, 517 F.3d 1097, 1099 (9th Cir.

2008)). “[P]robable cause means a fair probability that contraband or evidence is

located in a particular place. Whether there is a fair probability depends upon the

totality of the circumstances, including reasonable inferences, and is a

commonsense, practical question. Neither certainty nor a preponderance of the

evidence is required.” United States v. Kleinman, 880 F.3d 1020, 1036 (9th Cir.

2017) (as amended) (alteration in original) (internal quotation marks omitted). A

magistrate judge’s finding that probable cause exists is afforded “great deference.”

Id. (internal quotation marks…

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