United States v. Andrew Zack

MEMORANDUM

Andrew Zack appeals his conviction for being a felon in possession of a firearm. Officers executed a warrantless arrest of Zack at his mother’s home after a witness reported that Zack, high on methamphetamine, had pointed a loaded gun at the witness, threatened to shoot the witness and asked the witness to shoot Zack. After arresting Zack, the officers obtained consent from Zack’s mother, searched the home and recovered the weapon that forms the basis of the felon-in-possession charge. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1.We reject Zack’s argument that the officers lacked probable cause to arrest him. Although the arresting officers relied on only one witness, they interviewed the witness twice and could have reasonably determined that he was reliable based on both his demeanor and his admission, against his penal interest, that he had been smoking methamphetamine with Zack. See United States v. Patayan Soriano, 361 F.3d 494, 505 (9th Cir.2004) (holding that reliability “may be demonstrated ... by admission against penal interest” (alteration in original) (quoting United States v. Bishop, 264 F.3d 919, 925 (9th Cir.2001))).

2. We reject…