Klein

United States v. Klein

Good Law
319 F. App'x 586
United States Court of Appeals for the Ninth CircuitMarch 16, 2009No. 07-30299California517 words

Opinion

Lead Opinion

MEMORANDUM *

Troy Edward Klein (“Klein”) appeals two district court orders denying his motions to suppress evidence and to compel identification of a confidential government informant. The parties are familiar with the facts of the case, which we repeat here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

We review for clear error a decision to issue a search warrant. United States v. Celestine, 324 F.3d 1095, 1100 (9th Cir.2003). We look to the totality of the circumstances to determine whether a warrant affidavit demonstrates probable cause. United States v. Bamjas-Avalos, 377 F.3d 1040, 1058 (9th Cir.2004). Here, the warrant affidavit contains no material misrepresentations, and accurately describes the informant’s information and the detectives’ observations. Klein was identified as the motorcycle thief and Detective Thoet previously observed concealed mo-torcyle parts on Klein’s property. Thus, a sufficient nexus existed between the crime and the Klein home. Despite timing discrepancies between the warrant and affidavit, the warrant clearly references, and was based on, the affidavit. Probable cause supported…

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