Rabaca

United States v. Rabaca

Good Law
17 F. App'x 599
United States Court of Appeals for the Ninth CircuitAugust 23, 2001No. 00-50589; D.C. No. CR-99-01324-NMCalifornia658 words

Opinion

Lead Opinion

MEMORANDUM ***

John Rabaca appeals the district court’s order denying his motion to suppress evidence based on an allegedly inadequate search warrant. We have jurisdiction pursuant to 28 U.S.C. § 1291 (2000), and AFFIRM.

Because the parties are familiar with the facts of the case, we recount them here only where necessary to explain our decision.

A. Standard of Review

We review for clear error a magistrate judge’s decision to issue a search warrant. See United States v. Fulbright, 105 F.3d 443, 453 (9th Cir.1997). We must uphold the warrant if, under the totality of the circumstances, the magistrate judge had a “substantial basis” for concluding that the affidavit in support of the search warrant established probable cause. See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983); United States v. Hernandez, 937 F.2d 1490, 1494 (9th Cir.1991).

*601 B. Analysis

Reviewing the affidavit at issue in this case, Judge Manella applied Gates ’ totality of the circumstances inquiry and observed:

We agree with Judge Manella’s observations and her conclusion that the state magistrate judge had a “substantial basis” for concluding that the affidavit in support…

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