Odell

United States v. Odell

Good Law
49 F. App'x 730
United States Court of Appeals for the Ninth CircuitOctober 24, 2002No. 01-50694; D.C. No. CR-01-00313-AHM-1California726 words

Opinion

Lead Opinion

MEMORANDUM *

Lushawn Odell appeals the denial of his motion to suppress evidence recovered during a search of his residence and the sentence that was imposed after he entered a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Odell argues that the underlying affidavit for the search warrant upon which the police officers relied was not supported by probable cause and that the officers did not act in good faith. Because we find that the officers executing the search warrant acted in good faith, we do not reach the issue of probable cause.

Odell contends that the good faith exception cannot apply because of false misstatements and omissions made in the affidavit for the warrant. Additionally, Odell asserts that the affidavit was lacking in indicia of probable cause and that the warrant was deficient for failing to particularize. We reject Odell’s contentions.

In determining whether the good faith exception applies, the inquiry concerns whether it is objectively reasonable for an officer to rely on the “magistrate’s probable-cause determination and on the…

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