Sloan

United States v. Sloan

Good Law
307 F. App'x 88
United States Court of Appeals for the Ninth CircuitJanuary 8, 2009No. 08-10036California978 words

Opinion

Lead Opinion

MEMORANDUM *

Following his conditional plea of guilty, Army Specialist Jeffrey Sloan appeals from the denial of his motion to suppress evidence obtained in connection with an investigation conducted at his barracks and at a nearby residence. The investigation, initiated by the Army Criminal Investigation Command (“CID”) and Immigration and Customs Enforcement (“ICE”), resulted in Sloan’s indictment and conviction for possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4). We affirm.

We review de novo the district court’s denial of Sloan’s motion to suppress evidence. United States v. Fernandez-Castillo, 324 F.3d 1114, 1117 (9th Cir.2003). The court’s findings of fact are reviewed for clear error, id., and special deference is paid to the court’s credibility findings. See Anderson v. City of Bessemer, 470 U.S. 564, 574-75 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985).

Sloan first argues that the government lacked probable cause to take him into custody. Whether probable cause exists is a mixed question of law and fact, which is reviewed de novo. United States v. Carrillo, 902 F.2d 1405, 1412 (9th Cir.1990). “Probable cause to arrest exists when officers have…

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