Dailey

United States v. Dailey

Good Law
20 F. App'x 686
United States Court of Appeals for the Ninth CircuitSeptember 28, 2001No. 00-30324; D.C. No. CR 00-00097-MACalifornia554 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Dale Dean Dailey, Jr., entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). He appeals the denial of his motion to suppress evidence recovered during a search of his residence, and also appeals the district court’s imposition of a four-level enhancement under U.S.S.G. § 2K2.1(b)(5).

A. The Motion to Suppress

According to Defendant, the supporting affidavit was insufficient to establish probable cause for issuance of the warrant. We need not decide that question because, even if the warrant was not supported by probable cause, the evidence obtained in the search was admissible under the “good faith” exception. United States v. Leon, 468 U.S. 897, 922 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984); United States v. Clark, 31 F.3d 831, 835 (9th Cir.1994). In *687 determining whether the “good faith” exception applies, “the inquiry is one of objective reasonableness; we must decide whether a reasonably well-trained officer would have known that this particular search was illegal despite the magistrate judge’s authorization.” Id.

Defendant’s main argument is that the supporting affidavit…

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