Talley

United States v. Talley

Good Law
12 F. App'x 512
United States Court of Appeals for the Ninth CircuitMay 18, 2001No. 00-10375; D.C. No. CR 99-40235-SBACalifornia329 words

Opinion

Lead Opinion

MEMORANDUM ***

Donald Talley appeals his conviction following his conditional guilty plea to two counts of unarmed bank robbery in violation of 18 U.S.C. § 2144 (a). Talley argues that he was arrested without probable cause and that evidence found as a result of the arrest should have been suppressed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s denial of a motion to suppress and application of the law de novo. United States v. Mattarolo, 209 F.3d 1153, 1155-56 (9th Cir.2000). We accept the district court’s factual findings unless clearly erroneous. Id.

“Probable cause exists when police officers have reasonably trustworthy information sufficient to warrant a prudent person in believing that the accused had committed or was committing an offense.” United States v. Harvey, 3 F.3d 1294, 1296 (9th Cir.1993) (quotation marks and citation omitted). We review “the totality of the circumstances known to the officers prior to any search conducted incident to the arrest.” Id. “Neither certainty, nor proof beyond a reasonable doubt, is required for probable cause to arrest.” Id.

Oakland Police Sergeant Williams stopped Talley upon noticing…

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