Hogshire

Hogshire v. City of Seattle

Good Law
26 F. App'x 703
United States Court of Appeals for the Ninth CircuitJanuary 11, 2002No. 00-35226; D.C. No. CV-99-00294-JCCCalifornia387 words

Opinion

Lead Opinion

MEMORANDUM ***

1. The information obtained by Officer Howard provided sufficient probable cause for the issuance of a search warrant. See Illinois v. Gates, 462 U.S. 213, 228-30 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). This information adequately demonstrated citizen-informant Black’s “basis of knowledge.” Black stated that he personally saw Hogshire make and consume opium tea and other drugs, and observed drug-manufacturing equipment in Hog-shire’s apartment. Howard also had sufficient information to establish Black’s veracity and reliability. Black provided his name, address and occupation, as well as additional information about his connection to Hogshire and what he saw in Hogshire’s apartment. Howard corroborated Black’s information through independent investigation and consulted with narcotics specialists at the Seattle Police Department and the Drug Enforcement Administration, who advised that the chemicals and equipment mentioned in Black’s letter and *705 in Hogshire’s police report could be used to manufacture controlled substances.

2. We reject Hogshire’s contention that Howard is not entitled to the defense of qualified immunity because he included an allegedly…

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