Phillips

United States v. Phillips

Good Law
76 F. App'x 195
United States Court of Appeals for the Ninth CircuitSeptember 23, 2003No. 02-30396; D.C. No. CR-01-00446-ALHCalifornia1,068 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Lee Phillips pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). As a condition of his plea, Phillips reserved the right to appeal the district court’s denial of his pre-trial suppression motion. After entry of judgment, Phillips timely appealed. We AFFIRM.

The sole issue presented in this appeal is whether Portland police officers Joe Santos and Pete McConnell had probable cause to arrest Phillips on September 20, 2001. The determination of probable cause is a mixed question of law and fact that we review de novo, with due weight given to inferences drawn by local law enforcement officers based on their training and experience. Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996).

*196 “Probable cause exists when, under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that the defendant had committed a crime.” United States v. Garza, 980 F.2d 546, 550 (9th Cir.1992) (internal citations and quotation marks omitted). We find, as the district court did below, that the arresting officers had…

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