Willis

United States v. Willis

Good Law
163 F. App'x 562
United States Court of Appeals for the Ninth CircuitJanuary 18, 2006No. 05-30031California426 words

Opinion

Lead Opinion

*563 MEMORANDUM **

Willis appeals the district court’s denial of his motion to suppress the evidence found on his person and his subsequent statements to police officers as fruits of an illegal arrest. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

The district court did not commit clear error in crediting Officer Zylawy’s testimony regarding how he perceived the flying plastic bag. Importantly, Officer Zylawy did not testify that he saw that the substance inside the plastic bag was cocaine. Rather, Officer Zylawy testified that he saw the plastic bag flying toward him, and concluded — from his experience and the context of the incident — that the bag likely contained drugs. United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); United States v. Hernandez, 313 F.3d 1206, 1210 (9th Cir.2002). The district court did not err in crediting this testimony.

II

For related reasons, it follows that the district court did not err in determining that the officers had probable cause to arrest Willis. United States v. Valencia-Amezcua, 278 F.3d 901, 906 (9th Cir.2002). Police officers may rely on their…

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