United States v. Sharon Hatcher

Good Law
487 F. App'x 416
United States Court of Appeals for the Ninth CircuitNovember 20, 201211-50409California448 words

Opinion

Opinion

MEMORANDUM

Sharon Hatcher appeals her conviction for being a felon in possession of ammunition in violation of 18 U.S.C. § 922 (g)(1). We affirm.

The first search warrant was supported by probable cause because Detective Thompson’s affidavit disclosed evidence connecting Davonte to the January 2009 homicide, to the murder weapon, and to Hatcher’s home, and therefore raised a fair probability that evidence of the homicide would be recovered at Hatcher’s home. United States v. Grant is not to the contrary, because in that case no evidence connected Davonte to the defendant’s home, 682 F.3d 827, 832-33 (9th Cir.2012), while here Davonte listed Hatcher’s home as his residence when he was arrested in April 2009. Further, the issuing judge did not err in authorizing a nighttime search, because the affidavit set forth sufficient reason to conclude that a daytime search could compromise officer safety or lead to the destruction of evidence. See Bravo v. City of Santa Maria, 665 F.3d 1076, 1085-86 (9th Cir.2011).

The second search warrant was also supported by probable cause, because it was based on a jailhouse conversation that could reasonably be interpreted to mean that the first…

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