United States v. Kim Cousins

MEMORANDUM

Defendant Kim Alan Cousins appeals his conviction, following a bench trial. Specifically, Cousins argues that the district court erred in denying his motion to suppress evidence found in his home pursuant to a search warrant. We affirm. Because the parties are familiar with the factual and legal history of the case, we need not recount it here.

The probable cause determination for a search warrant is based on the “totality of circumstances” test, which requires only a “fair probability” that the sought-after evidence is located in a particular place. United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir.2006) (en banc) (citing Illinois v. Gates, 462 U.S. 213, 246 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)). “Fair probability” does not require “certainty or even a preponderance of the evidence.” Id. “[A] magistrate judge is only required to answer the commonsense, practical question whether there is probable cause to believe that contraband or evidence is located in a particular place before issuing a search warrant.” Id. (internal quotations omitted). On review, “the magistrate judge’s determination should be paid great deference.” Id. (internal quotations…