United States v. Robert Acevedo, Jr.

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert ACEVEDO, Jr., Defendant-Appellant. No. 92-50698. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1993. Decided Feb. 2, 1994. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Robert Acevedo, Jr., appeals his jury conviction and his sentence under the Sentencing Guidelines for two counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (d) and three counts of unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). We reverse. I. The Arrest and Search 3 The issue is whether the officers had probable cause to arrest Acevedo or to search the Cadillac. We have held that "[a]n anonymous tip, without more, does not constitute probable cause." United States v. Mendonsa, 989 F.2d 366, 368 (9th Cir.1993). "[M]ere confirmation of innocent static details is insufficient to support an anonymous tip.... On…