United States v. Henderson

MEMORANDUM **

Eugene Henderson appeals the district court’s denial of his motion to suppress evidence seized pursuant to a search warrant and its denial of his motion to dismiss the Indictment. Henderson pleaded guilty on June 17, 2005, to one count of possession of ammunition by a prohibited person in violation of 18U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291 to decide this appeal.

Henderson challenges the validity of a search warrant executed on his apartment which resulted in the seizure of 39 rounds of ammunition. While we review the denial of a motion to suppress de novo, United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir.2003), a magistrate judge’s determination of probable cause before issuing a warrant cannot be reversed absent a finding of clear error. United States v. Schmidt, 947 F.2d 362, 371 (9th Cir.1991).

The police knew Henderson had a reputation for being a dealer of cocaine and marijuana. Based on a tip from a reliable confidential informant, the police began surveilling a white Sports Utility Vehicle (“SUV”) parked at a location specified by the informant. They observed Henderson with a group of individuals, some of whom were…

concurring.

I concur in the opinion of the court because I believe the officers acted in good faith in relying upon the search warrant. See United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984).