United States v. Daniel G. Chapel

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel G. CHAPEL, Defendant-Appellant. No. 93-30236. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Filed Sept. 8, 1994. Reheard En Banc Feb. 23, 1995. En Banc Opinion Filed May 26, 1995. Decided July 13, 1995. Before: WRIGHT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Probable cause exists where, in light of "the totality of the circumstances," there is "a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates, 462 U.S. 213, 238 (1983). According to the magistrate judge's findings, Chapel lost control of his motorcycle and crashed on a public highway within Glacier National Park. Law enforcement officers, arriving on the scene, smelled alcohol on Chapel's breath, and noticed that his eyes were bloodshot, his speech slurred and his behavior confused. See ER Sec.…