United States v. Jack Carpenter, Jr.

MEMORANDUM

Jack Carpenter appeals the denial of his motion to suppress. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we af firm in part and remand for a corrected judgment.

We review the denial of a motion to suppress de novo, United States v. Crews, 502 F.3d 1130, 1135 (9th Cir.2007), and the underlying factual findings for clear error, United States v. Davis, 530 F.3d 1069, 1077 (9th Cir.2008). We also review de novo the denial of a motion for a Franks hearing. United States v. Flyer, 633 F.3d 911, 916 (9th Cir.2011).

In evaluating probable cause, we must look to the totality of the circumstances “to make a practical, common-sense decision whether, 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.” Gates, 462 U.S. at 238, 103 S.Ct. 2317 . We must ensure that there was a substantial basis for concluding that probable cause existed. Id. at 238-39, 103 S.Ct. 2317 .

The totality of the circumstances, as set forth in Deputy Beuer’s affidavit, supported a finding of probable cause. Johnson v. United States, 333 U.S. 10, 13 , 68 S.Ct. 367 , 92 L.Ed. 436…