Eaton

United States v. Eaton

Good Law
99 F. App'x 85
United States Court of Appeals for the Ninth CircuitMay 6, 2004No. 03-30313California782 words

Opinion

Lead Opinion

MEMORANDUM *

Dawn Michelle Eaton appeals from a conviction following her conditional guilty *86 plea for conspiracy to manufacture, possess, and distribute methamphetamine (“meth”) in violation of 21 U.S.C. §§ 846 & 841(a)(1). Eaton claims that she was arrested without probable cause, and that her apartment was searched without probable cause or exigent circumstances to enter without a warrant. She further argues that she should have been afforded a Franks hearing. We affirm.

1. The officers had probable cause to arrest Eaton. Several law enforcement officers arrested Eaton and her companion, Chad Luton, after a brief encounter outside of Eaton’s apartment. The officers had gone to Eaton’s apartment searching for Gordon Milligan, who they reasonably suspected was a “meth cook.” 1 The officers knew that Eaton was a meth user based on a prior encounter with her. They also suspected Eaton to be involved with Milligan in meth production and distribution. The officers encountered Chad Luton upon arrival. One of the officers immediately recognized Luton from a 1999 interview, in which Luton had spoken about the details of meth production in such intricate detail as to create…

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