Alvarez
United States v. Alvarez
Opinion
Lead Opinion
Chen, J.
ORDER DENYING DEFENDANT HERNANDEZ’S MOTION TO SUPPRESS
Defendant Jairo Hernandez has moved the Court to suppress evidence seized following a search of Mr. Hernandez’s residence. See Docket No. 608 (“Motion”) at 3. The Government Opposes this Motion. See Docket No. 636 (“Opposition”).
The Court heard argument on the Motion on May 11, 2016. Having considered the parties’ briefs and arguments presented at the hearing, the Court hereby DENIES Mr, Hernandez’s Motion to Suppress.
A. Factual Background
On March 11, 2014, Special Agent Alicia MacDonald applied for and received a warrant to search the premises of 37 Dakota Street, San Francisco, California. See Docket No. 608-2 (“Hernandez Exhibit B”). Along with statements relating to the Sureño gang in general, Agent MacDonald’s Affidavit contained the following statements regarding Mr. Hernandez:
Agent MacDonald also incorporated the federal indictment into her Affidavit by reference. Id at 0156, 0158; see also id. at SW-0169-SW-0188 (“Indictment”). The Indictment stated that,
Based on the statements in the Affidavit and the Indictment, Agent MacDonald believed “there is probable cause to believe that .[Hernandez’s home]…