Kia

United States v. Kia

Good Law
170 F. App'x 457
United States Court of Appeals for the Ninth CircuitMarch 7, 2006No. 05-10329California1,499 words

Opinion

Lead Opinion

MEMORANDUM *

Eugene Kia entered a conditional guilty plea to one count of possession of a prohibited and unregistered firearm in violation of 26 U.S.C. § 5861 (d). Mr. Kia appeals from the denial of his motion to suppress the weapons and ammunition seized during the execution of a search warrant. Mr. Kia argues that the warrant did not meet the probable cause and particularity requirements of the Fourth Amendment. We affirm because we conclude that there was probable cause to believe that evidence of drug trafficking, including weapons, would be found at Mr. Kia’s residence.

I

Officer Darryl Fernandez of the Hawaii County Police Department obtained a warrant to search Mr. Kia’s residence and surrounding area for methamphetamine, drug paraphernalia, firearms, and evidence of ownership of the premises to be searched. The affidavit supporting the warrant application stated that a reliable informant told Officer Fernandez that Mr. Kia was distributing methamphetamine from his residence, and that the informant subsequently made a controlled purchase *459 of crystal methamphetamine from Mr. Kia, under Officer Fernandez’s direction. In his affidavit, Officer Fernandez alleged that he…

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