Jacques

United States v. Jacques

Good Law
170 F. App'x 476
United States Court of Appeals for the Ninth CircuitMarch 13, 2006No. 05-30246California553 words

Opinion

Lead Opinion

MEMORANDUM **

Chauncey Jacques appeals from his conditional guilty plea and sentence for possession of 5 grams or more of a mixture of a substance containing cocaine base in violation of 21 U.S.C. § 844 (a). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm.

The defendant argues that the district court erred in ruling that there was probable cause to arrest him, and therefore, that the resulting search incident to the arrest was lawful. We review de novo the district court’s denial of the motion to suppress. United States v. Jensen, 425 F.3d 698, 704 (9th Cir.2005). We review the district court’s factual findings for clear error. Id. In assessing probable cause, we consider the totality of the circumstances of the events leading up to the arrest and determine whether an objectively reasonable narcotics officer would have found probable cause — a fair probability that the individual had committed a crime. Maryland v. Pringle, 540 U.S. 366, 370-71 , 124 S.Ct. 795 , 157 L.Ed.2d 769 (2003); United States v. Valencia-Amezcua, 278 F.3d 901, 906-08 (9th Cir.2002). If the officers’ observations provide a reasonable belief that an…

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