Sappa

United States v. Sappa

Good Law
178 F. App'x 724
United States Court of Appeals for the Ninth CircuitMay 5, 2006No. 05-10367California613 words

Opinion

lead Opinion

MEMORANDUM *

Joe Sappa appeals his conviction by a jury of conspiracy to distribute and possess with intent to distribute methamphetamine, and of possession with intent to distribute methamphetamine, in violation of21U.S.C. § 841(a)(1). We affirm.

Sappa contests the validity of the search and arrest warrants. The search warrant authorized law enforcement officials to search Sappa’s residence for evidence of drug-related activities. Approximately nineteen ounces of methamphetamine, drug paraphernalia, a handgun with a magazine, miscellaneous papers, and an airport security jacket were seized from Sappa’s residence pursuant to the search warrant. Sappa was arrested at that time and read his rights. He waived them and gave a statement.

At a pretrial hearing, Sappa moved to suppress the evidence obtained pursuant to the search warrant arguing that the warrant was not supported by probable cause. He also moved to suppress the statements he made as a result of the search, arguing that the statements were fruit of a poisonous tree and that there was no probable cause supporting the arrest warrant. The district court held that *726 both warrants were supported by probable cause, and…

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