United States v. Melvin Fairly

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Melvin FAIRLY, Defendant-Appellant. No. 93-10502. United States Court of Appeals, Ninth Circuit. Submitted July 13, 1994. * Decided July 21, 1994. 1 Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges 2 MEMORANDUM ** 3 Melvin Fairly appeals the denial of a motion to suppress evidence seized from his car and his house, and a motion for a Franks 1 hearing. We affirm. DISCUSSION A. The Searches 4 Probable cause for a warrantless arrest exists when, under the totality of the circumstances, a prudent person would conclude that there was a fair probability that the person committed a crime. E.g., United States v. Garza, 980 F.2d 546, 550 (9th Cir.1992). 5 When the police decided to stop Fairly's vehicle they had received and observed much evidence which indicated a fair probability that he had committed or was committing a crime. See United States v. Rodriguez, 869…