McCaney

United States v. McCaney

Good Law
177 F. App'x 704
United States Court of Appeals for the Ninth CircuitApril 24, 2006No. 04-50578California2,078 words

Opinion

lead Opinion

MEMORANDUM *

Appellant Donald Craig McCaney appeals his jury conviction and resulting life sentence for conspiracy and possession of *707 a controlled substance with intent to distribute under the Controlled Substances Act (“CSA”). 21 U.S.C. §§ 841 (a), 846. We affirm.

I.

McCaney contends that the evidence on which he was convicted was obtained in violation of the Fourth Amendment and should have been excluded.

A.

We review for clear error a magistrate judge’s finding of probable cause for the issuance of a search warrant by. United States v. Meek, 366 F.3d 705, 712 (9th Cir.2004).

“A canine sniff alone can supply the probable cause necessary for issuing a search warrant if the application for the warrant establishes the dog’s reliability.” United States v. Lingenfelter, 997 F.2d 632, 639 (9th Cir.1993) (citing United States v. Spetz, 721 F.2d 1457, 1464-65 (9th Cir.1983)). McCaney contends that the statement in the warrant that the canine that alerted to the May 3 package was certified by the National Narcotic Dog Detector Association was insufficient to establish the canine’s reliability. We disagree. McCaney does not contend that the canine was in fact unreliable, nor…

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